CONTRABAND OF WAR. In Internation al Law. Goods which neutrals may not car ry in time of war to either of the belligerent nations without subjecting themselves to the loss of the goods, and formerly the owners, also, to the loss of the ship and other cargo, if intercepted. 1 Kent 138, 143. See Elrod v. Alexander, 4 Heisk. (Tenn.) 345. Food (8 Am. Lawy. 108).
Provisions may be contraband of war, and generally all articles calculated to be of di rect use in aiding the belligerent powers to carry on the war ; and if the use is doubt ful, the mere fact of a hostile destination renders the goods contraband; 1 Kent 140; Hall, Int. L. 618.
The classification of goods made by Eng lish and American courts divides all mer chandise into three classes: (1) Articles man ufactured and primarily or ordinarily used for military purposes in 'time of war ; (2) articles which may be and are used for war or peace according to circumstances ; (3) ar ticles exclusively used for peaceful purposes. Articles of the first class destined to a bel ligerent country are always contraband ; ar ticles of the second class are so only when' actually destined to the military or naval use of the belligerent ; articles of the third class are not contraband, though liable to seizure for violation of blockade or siege.
The Declaration of London (q. v.) introduc es a new division of contraband. Certain specified articles, such as arms, ammunition, and other articles of direct use in military and naval operations, are arranged under the head of "Absolute Contraband" and are lia ble to if destined to territory be longing to, or occupied by, the enemy, or to the armed forces of the enemy. Other speci
fied articles, such as foodstuffs, clothing, bullion, railroad material, fuel, etc., are clas sified under the name of "Conditional Con traband," and are liable to capture if des tined for the use of the armed forces or of a government department of the enemy state. Certain other articles, as cotton, wool, rubber, metallic ores, and industrial machin ery, are expressly declared not to be con traband of war.
In the case of absolute contraband it is immaterial, according to the Declaration of London, whether the carriage of the goods is direct, or entails trans-shipment or a subse quent transport by land. This is but a re statement of the existing English and Ameri can rule. On the other hand, conditional contraband is not liable to capture under the above circumstances, so that the doctrine' of "Continuous Voyage" does not apply in this case. By analogy with the right exercised by a belligerent of preventing contraband trade, a belligerent is allowed to prevent neutral ships from carrying dispatches or officers for the other belligerent. The Dec laration of London lays down definite rules upon this subject under the title of "Unneu tral service" (q. v.).
A belligerent may, by force, prevent a neutral ship from carrying dispatches or of ficers for the other belligerent, by analogy to the law of contraband. Probably a mere common carrier receiving persons in the serv ice of a belligerent would not be subject to any penalty, therefore, if they took passage iu the ordinary course of business; Hall Int. Law 673, approved jn L. R. 1 K. B. (1908).