Unit 6: Contraband — Concept of Contraband; Absolute and Conditional Contraband; Principle of Continuous Voyage; Concept and Types of Prize
1. Concept of Contraband
Contraband is goods carried by sea to the enemy which, by their destination and nature, are subject to capture and condemnation in war — the belligerent’s right of visit, search and seizure applied to neutral commerce (Unit 3’s collision: the neutral’s trade freedom vs. the belligerent’s interdiction right). The classification’s foundation: the Declaration of Paris 1856 (neutral goods in neutral ships protected — “contraband” the exception’s name) and the London Declaration 1909’s lists (the custom’s evidence). The essentials: the goods’ hostile character/use, the destination (enemy territory or its armed forces — the doctrine of ultimate destination, the “continuous voyage” question), and the notice (the contraband lists’ publication — the lists revisable by proclamation).
2. Absolute and Conditional Contraband
| Head | Absolute contraband | Conditional contraband |
|---|---|---|
| Meaning | Goods of inherently military character — made for war | Goods of civilian use that become contraband by their specific destination |
| Examples | Arms, ammunition, warships, military aircraft, explosives | Food, fuel, clothing, horses, money, rolling stock |
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