Contraband of War

Contraband of War (Lat. contra bannum, 'against the proclamation') is a name applied to certain commodities during hostilities between states which acknowledge what are called the laws of nations. One such law is, that neutral nations must not carry on, for the advantage of either of the belligerent powers, any branches of commerce from which they are excluded in time of peace. Another is, that the name of contraband of war shall be given to such articles as pertain to military or naval warfare—guns, ammunition, and stores of all kinds. Unless there are special treaties, defining exactly what articles are contraband of war, the interpretation of this law often leads to much embarrassment. Another law insisted on by England during the Napoleonic war was, that each belligerent shall have a right to visit and examine neutral ships, to see whether they carry any articles which are contraband of war, and which seem likely to be intended for the enemy. A neutral state may carry on ordinary trade with either belligerent except when prevented by blockade (see BLOCKADE); but the ships, according to the above rules, must not contain articles contraband of war; nor must a conterminous land frontier be crossed by such commodities. If a merchant evades these rules, he does so at his own risk; his merchandise may be seized, and his own government will not protect him. By the law and practice of nations, it is for the Admiralty Court of the capturing power to decide what is or what is not contraband of war. Upon such questions it is the province of this tribunal to adjudicate, and from its final judgment there is no appeal. At various times discussions have arisen whether corn, hay, or coal can ever be included in the list of articles contraband of war; they are obviously articles of peaceful commerce, but they are also essential to the maintenance of an army, and sometimes a supply would give one belligerent a great advantage over the other. Especially is this the case in reference to coal in the present age of war-steamers.—Contraband in commerce depends upon the special laws of each country. See SMUGGLING.