Presentatio
n
On
Concept of
Contraband
Presented by : Bibishika
Khanal
4th Semester, BALLB
Section: A, Roll no : 16
1. Introduction
2. Definitions by Scholars
3. History of International law on Contraband
Content 4. Destination
s 5. Seizure of Contraband
6. Conclusion
7. References
Introduction
▪ The term ‘contraband’, reported in English since 1500’s comes from the Medieval
Latin words ‘contra and bannum’ (against the ban).
▪ As early as 1812, the term, "contraband" was used in general language to refer to
illegally smuggled goods (including slaves).
▪ Contraband, in international law, means goods necessary or useful in the
prosecution of war that a belligerent may lawfully seize from a neutral who is
attempting to deliver them to the enemy. Thus, contraband denotes any items
that, due to its nature, is illegal to be sold or possessed.
●According to Starke,
‘Contraband means goods considered objectionable
that it may assist the enemy in the war.’
●According to Oppenheim,
Definitio ‘It means goods forbidden by the belligerents.’
ns
●According to Kelsen,
‘Contraband are the goods which are forbidden to be
transported to the enemy state as per international
law.’
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History of International Law on
Contraband
●Developed in Europe during the middle ages and have undergone timely improvements
since.
●Under a late medieval code, all goods destined for an enemy in belligerent or other
vessels were subject to seizure.
●But in 17th century, Commercial treaties started distinguishing between contraband and
non- contraband items, the earliest example can be seen in Anglo-Dutch Treaty of
Southampton(1625).
●The doctrine of Contraband can be traced in the Declaration of Paris, 1856.
●From 1908 to 1909, 10 naval powers met in London to frame an agreed code on
belligerent controls on neutral trade. The resulting Declaration of London (1909),
classified goods as :
1. Absolute Contraband
2. Conditional Contraband
3. Free
●As the World War commenced in 1914, lists of articles in each category
were constantly revised by belligerents despite protests by neutral
powers involved in running the trade. For the duration of WWI, nearly all
cargo in transit to an enemy nation were received as contraband by war
by the intercepting belligerent, regardless of its nature and purpose.
●By the London Declaration, it was widened to include condemnation of
the carrying vessel if more than half the cargo was contraband. The right
of warring nations to sink neutral ships transporting contraband, is
however, not approved by international law, but the practice was in
initiated by Germany in WWI and often adopted by Axis power in WWII.
Concept of Destination :
Whatever maybe the nature of good, they aren’t deemed as contraband unless
destined for the use of enemy in a war. For absolute contraband, The Declaration
of London under article 30 laid down that it shall be deemed to hostile destination
if it is being sent either to (a) enemy territory, (b)territory occupied by enemy or
(c) to his armed forces.
The destination of conditional contraband was hostile according to Article 33, if it
were intended for the use of armed forces or of enemy Government department.
Seizure On Contraband
●The Contraband goods can be confiscated along with the ship carrying in the
following situations:
1. A ship cannot be seized if it has already deposited the contraband goods.
2. It can be seized only in the high seas or in the belligerents territorial waters.
3. It cannot be seized in neutral territorial waters.
4. The right of belligerent state to confiscate contraband is not absolute, if it
subject to confirmation or adjudication by the prize of court.
5. In some cases compensation has to be given when the contraband has
been confiscated such as :
A. If the master of the ship is unaware of the war.
B. If the master even aware of the war doesn’t have opportunity to
discharge contraband.
C. If the medical goods are confiscated under dire necessity.
●By seizure of the goods or taking the goods into custody such belligerent
states does not acquire ownership over such goods.
●Such goods or ships are produced before the prize court. Only when the
prize court declares the seized goods or ships as a lawful prize, the
belligerent state acquire ownership over such goods or ships.
Conclusion
●The states who declare themselves as neutral; may transport the
contraband of war or engage in the trade of contraband matters. Such
act is against in the favor of another enemy belligerent state. So, it is
the common interest of all belligerent states to prohibit such
contrabands.
References
1. International Law and Human Rights (2018); Dr. H.O.
Agarwal.
2. Ambits of International Law; Narayan Prasad Sharma
3. International law: Theory and Praxis; Yadav Kumar K.C
4. Foy, G. (1998) Contraband New York, NY: Bantam
Doubleday Dell Publishing Group.
Thank you
