The Destruction of Merchant Ships Under International Law

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The Destruction of Merchant Ships Under International Law
Frederick Edwin Smith Earl of Birkenhead
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Ii. P. 354 ; The Ophelia (1915)/ i Prize Cases, 210 ; (1916), 2 Prize Cases, 150.
67 DESTRUCTION OF MERCHANTMEN Vessels in (7) Vessels in distress* Practice as to exemp- istress ^£^^ j^^^ varied among different States and at different times. Under French Ordinances and practice, the capture of shipwrecked enemy vessels is authorised.^ In strict law such capture is in accordance with the general right to capture private enemy property at sea. But through considerations of humanity, the rigour of
... the rule has not infrequently been relaxed. - Juristic doctrine is decidedly in favour of immunity to merchant ships compelled through an accident of force majeure to take shelter in an enemy port.^ Perhaps, however, the standard re- commended is too high. At the second Hague Conference no conclusion was arrived at on the point. Mail-boats (8) Mail-boats and mail-bags. There is no rule of international law exempting mail-boats from hostile attack. Whatever protection is enjoyed by them is due to special treaties between the states concerned.

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