contraband Meaning and definition Contraband is the designation

contraband

Meaning and definition: �Contraband is the designation for such goods as belligerent consider objectionable because they may assist the enemy in the conduct of war.

Kinds of contraband: �Contraband may be of 2 kinds: �Absolute contraband �Conditional contraband �Absolute contraband are those goods which are of military character and render help directly in the conduct of war. �On the other side, conditional contraband are those goods which may be used in peace as well as war.

Consequences of carriage of contraband of war: �As indicated , during war the belligerent are entitled to seize the contraband. In addition to this under certain circumstances they are also entitled to seize the ship in which such contra banded goods are carried. But such states does not acquire the ownership on such goods. �Only when the prize court declare the seize goods as a lawful prize only then such states acquire ownership over these goods. �Seizure by belligerent states is admissible only in the open sea or in his own territorial water; seizure in the neutral territorial water would be the violation of neutrality.

Doctrine of continuous voyage: �According to starke, “ the doctrine of continuous voyage consists in treating an adventure which involves the carriage of goods in the first instance to a neutral port and then to same ulterior and hostile destination as being for certain purposes one transportation only to an enemy destination with all the consequences that would attach were the neutral port not interposed.

�In Britain the doctrine of continuous voyage has been applied in a very wide sense. The following 2 principles laid down by British court will make this statement self evident: �Goods being carried to a neutral state may be seized if their ultimate destination is an enemy state or territory �The British court also applied this principle in the situation wherein the owner of the ship might be quiet innocent in regard to the ultimate destination of the contraband goods.

�That is to say, even if the intention of the owner of the ship might not be to send the goods to an enemy state yet they may be seized in accordance with the doctrine of continuous voyage if they are actually being sent to any enemy state.