ARMISTICE: FLAGS OF TRUCE.
In naval warfare enemy properly on enemy vessels is liable to capture. but since the Declara tion of Paris (1856) the neutral flag covers enemy goods, and neutral goods on an enemy vessel are exempt from capture. The United States has uniformly maintained the inviolabil ity' of private property on the sea, and the con tention may one day be law. But although liable to capture. the title to such property only to the individual and actual captor by the de cision of a prize court.
War may end with or without a treaty. The war, it is held, has wiped out the causes thereof, and the nations begin afresh: if there has been no treaty, and territory has been occupied and is in the possession of one or other belligerent, the principle of ati possidetis obtains. BM after an appeal to arms, nations generally take to pen and ink, so that the treaty is the rule.
Neutrals take no part, but are nevertheless affected by war, and their duties. although nega tive, are well defined and binding. A neutral should not allow its territory or marginal watiirs to be used for enlisting men. equipping vessels, fitting out expeditions, or as a basis of operations; nor should hostilities of any kind be permitted within its territory or marginal waters. (Three Rules of Treaty of Washington, Nil.) The failure to meet these subjects a neu tral to liability. (Geneva Award, 18;2.) The neutral, however, has a right to trade with the belligerent, lint may not carry articles known as contraband. The penalty is ordinarily eon tiscation of cargo; the like penalty may attach to the ship. The nature of the trade appears from the following quotation: "The classification of goods as contraband or not contraband has much perplexed text writers and jurists. A strictly ac curate and satisfactory classification is perhaps impracticable; but that which is best supported and English decisions may be said to divide all merchandise into three classes. Of these classes. the first of articles manu factured and primarily and ordinarily used for military purposes in time of war: the second. of articles which may be and are used for pur poses of war and peace. according to circum stances: and third, of articles exclusively used for peaceful purposes.
"Merchandise of the first class, destined to a belligerent country. or places occupied by the army or navy of a belligerent, is always contra band: merchandise of the second class is contra band only when actually destined to the military or naval use of a belligerent; while merchandise of the third class is not contraband at all, though liable to seizure and condemnation for violation of blockade or siege." (The Petcrhoff, ISfili, 5
\\ all. 2S.) Sec CosTaAtiAxo or WAR.
A neutral may not trade with a blockaded port. he penalty for violation is the confiscation of the ship, which, if it escape,, drihiues liable to the cod of the return voyage. The cargo will not be condemned if it belongs to persons other than owners of the ship miles, such owners had actual or constructive knowledge of the blockade. See Itt.oc EA If belligerents may capture ships engaged in emit raband trade and blockade-running, they notst have the right to visit and search sus pected merchantmen. This is, however, purely a belligerent right and neutrals must submit. Re sistance to inspection or joining :t convoy to escape visitation subjects the offending vessel to capture.
nrceognized insurgents are technically speak ing pirates, but if centime their actions to the mother country, international law of the present (lay would not treat them as pirates. The animus furamli is lacking. See PIRACY.
For the history 1 if international law, see Whea ton• History of the Law of Aations (New York, 1545 ) ; Dolt zendorlf, Handbuch des I ( Leipzig. ISSO; French trans. 1SSS) ; Walker, History of the Lail' of Vations. ( London, ISiip), 'Floe best English treatise is Hall's International Law (London, IS95). See also \VIleaton. E/e airtas of biternationa/ Lair (Stli IA.. Dana edi tor. Boston. 1860), a classic; Ilalleck, Interna tional Lair (3d ed., linker ed., New York, IS:13) ; Wookey, International Lau. ( 1;i. II I'd New York, 1891) : Kent's Commentaries (1•th ed., vol. i., pp. 1.200, Boston. 1896), are excellent manuals. More eomprehensive works arc: Phillimore, Com mentaries on International Lou' (3(1 ed., London, I5;!)-18S9) ; The Lair of A ations (London, 18611, preferably in the French translation (Paris, ISS7-ISS9). The best short work in Freneh is Bontil's .1/ann•/ de droit international public (3(1 ed., Fanchille eds. Paris, 1901) : Calvo, Droil international (5111 ed., Paris. POO, the best eomprehensive French treatise; Rivier. Prin. eipes du (troll des yens (Pn•i:, Is90). The C(.1111a 11 work is Heiner. Has •uropiiisrhe rreeht der (7eacturart (sat ed.. (1eliken 491., Leipzig. 1555). The best short treatises are Itivier, Lehrburh (less i"(ilkerreelit.s (241 ed.. Leip• zig, 18991. and Liszt, Has (Ild ed., Leipzig,, 1902). The most comprehensive and authoritative work in Cerman is Holtzendorff, Handbuch des •olkerreehts, mentioned above.