The Laws of Armed Conflicts: A Collection of Conventions, Resolutions, and Other Documents

By Dietrich Schindler; Jiri Toman | Go to book overview

No. 81
CONVENTION (XII) RELATIVE TO THE CREATION
OF AN INTERNATIONAL PRIZE COURT

Signed at The Hague, 18 October 1907

INTRODUCTORY NOTE: Proposals for the creation of an international prize court had been made since the 18th century. On several occasions international commissions or arbitration tribunals were instituted for prize cases on a bilateral basis. The International Prize Court provided for by the present Convention has never been established because the Convention failed to secure any ratifications. The Court would have served as a court of appeals against judgements of national prize courts. Neutral powers as well as neutral and enemy nationals would have been entitled to bring appeals. The debates at The Hague revealed that grave divergences existed with regard to the rules of prize law that the Court would have had to apply. In order to arrive at an agreement on these rules a Naval Conference met in London in 1908 and 1909 and produced the Declaration of London (No. 83). The fact that this Declaration was not ratified proved to be fatal to the proposal for an International Prize Court.

ENTRY INTO FORCE: Not in force.

AUTHENTIC TEXT: French. The English translation below is reprinted from Scott, Hague Conventions, pp. 188–203. It reproduces the translation of the United States Department of State. The marginal titles added to the Convention have no official character.

TEXT PUBLISHED IN: Conférence internationale de la Paix, 1907, pp. 668–679 (French); Les deux Conférences de la Paix, pp. 151–164 (French); Scott, Hague Conventions, pp. 188–203 (Engl.); Scott, Les Conventions de la Haye, pp. 188– 203 (French); Scott, Les Conférences de la Haye, pp. 87–96 (French); Martens, NRGT, 3ème série, Vol. III, pp. 68–712 (French, German); Deltenre, pp. 364397 (Engl., French, German, Dutch); Fontes Historiae Juris Gentium, Vol. GII/1, pp. 621–625 (Engl., French, German); Droits des conflits armés, pp. 1141– 1157 (French); BFSP, Vol. 100, 1906–1907, pp. 435–447 (French); CTS, Vol. 205, 1907, pp. 381–394 (French); Higgins, pp. 407–430 (Engl., French); AJIL, Vol. 2, 1908, pp. 174–202 (Engl., French); Friedman, pp. 370–384 (Engl.); Genet, pp. 535–546 (French); Mezhdunarodnoe pravo, Vol. Ill, pp. 149–151 (Russ.); Korovin, p. 390 (Russ.); Revista de Derecho Internacional y politica exterior, Cronicá, Año III, 1907, pp. 100–112 (Span.); Arellano, pp. 381–384 (Span. — extract); ICRC website: www.icrc.org/ihl.nsf (Engl., French, Span.).

TABLE OF CONTENTS
Articles
Preamble
Part I. General provisions
Determination of validity of capture1
Jurisdiction in first instance2

-1093-

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