- Related Topics:
- Law of war
- smuggling
Contraband
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What does 'contraband' mean in international law?
In international law, contraband refers to goods that cannot be shipped to a belligerent (a party engaged in conflict) because they serve a military purpose.
During war, a sea power aims to protect its own sea communications while preventing the enemy from receiving overseas supplies. Belligerents have the right to seize war contraband headed for their enemy.
The Declaration of London (1908-1909) created three classes of goods:
* Absolute contraband Military equipment was subject to seizure on its way to enemy territory.
* Conditional contraband Items, such as food and clothing, were treated as contraband only if in transit to the government or armed forces of an enemy.
* Free Goods not subject to capture.2 Britannica SourcesCreated from Britannica articles using AI. AI can make mistakes, so verify using Britannica articles. -
Why is contraband important during times of war?
Contraband plays a significant role during wartime by impacting military capabilities and trade. Contraband, under the laws of war, refers to goods that cannot be shipped to a belligerent because they serve a military purpose.
The right of a belligerent to seize contraband of war intended for its enemy has long been acknowledged. A nation depending on maritime superiority cannot afford to have its naval strength undermined by neutral parties supplying its enemy with essential war materials. Denying supplies to the enemy is the ultimate goal of a sea power.
During the American Civil War, enslaved people who fled to Union-controlled territory were classified as "contraband of war" and emancipated. These individuals then made vital contributions to the war effort.
4 Britannica SourcesCreated from Britannica articles using AI. AI can make mistakes, so verify using Britannica articles. -
What are the main types of contraband in international conflicts?
During international conflicts, contraband refers to goods that cannot be supplied to a belligerent because they serve a military purpose.
From 1908 to 1909, 10 naval powers met in London to create a code regarding belligerent restrictions on neutral trade. The resulting Declaration of London divided goods into three classes:
* Military equipment was subject to seizure on its way to any destination in enemy territory.
* Items like food, clothing, and rolling stock were to be treated as contraband only if in transit to the government or armed forces of an enemy.
* Goods not subject to capture.2 Britannica SourcesCreated from Britannica articles using AI. AI can make mistakes, so verify using Britannica articles. -
How do countries decide which items are considered contraband?
Contraband, in the context of international law during war, refers to goods that cannot be shipped to a belligerent because they serve a military purpose.
Governments issue proclamations listing items they will seize, but these differ from country to country and war to war.
From 1908 to 1909, naval powers attempted to create an agreed code regarding restrictions on neutral trade. The resulting Declaration of London classified goods as absolute contraband, conditional contraband, and free. However, this declaration was discarded in 1916.
2 Britannica SourcesCreated from Britannica articles using AI. AI can make mistakes, so verify using Britannica articles. -
What can happen to ships or people caught transporting contraband?
In international law, contraband refers to goods that cannot be supplied to a belligerent because they serve a military purpose.
During wartime, private enemy ships and neutral merchant ships transporting contraband are subject to seizure. However, ownership of these vessels and their cargo does not automatically transfer to the capturing state. Under international law, a prize court of the capturing state must determine the legality of the captures. If deemed lawful prizes, the court may condemn the ships and cargo.
Smuggling, which includes the clandestine movement of goods to evade import or export restrictions, has a long history and continues to occur worldwide.
4 Britannica SourcesCreated from Britannica articles using AI. AI can make mistakes, so verify using Britannica articles. -
How has international law tried to control and regulate contraband in recent times?
International law has sought to control contraband through various agreements and regulations. The Declaration of London (1908-1909) attempted to classify goods into absolute contraband, conditional contraband, and free items, but it was never ratified and became irrelevant during World War I.
More recently, international efforts to combat human trafficking have led to the UN's Protocol to Prevent, Suppress, and Punish Trafficking in Persons (2000), which provides a working definition of human trafficking and encourages countries to enact laws against it, assist victims, and promote international cooperation. The UN Office of Drugs and Crime and Interpol also play crucial roles in monitoring and implementing policies against human trafficking and raising awareness.
3 Britannica SourcesCreated from Britannica articles using AI. AI can make mistakes, so verify using Britannica articles.
Contraband, in the laws of war, goods that may not be shipped to a belligerent because they serve a military purpose.
The laws of war relating to contraband developed in the later European Middle Ages and have undergone continual development in order to meet the needs of the major maritime powers. In his De jure belli ac pacis (1625; On the Law of War and Peace), Hugo Grotius took note of a long-standing controversy in regard to what categories of cargo might be confiscated in the same way as weapons. He suggested a threefold classification, the forerunner of several different classifications enumerated from time to time with no visible effect on practice. Governments have issued proclamations listing the items they would seize, and these differed from country to country and from war to war.
From 1908 to 1909, however, 10 naval powers met in London to draw up an agreed code regarding belligerent restrictions on neutral trade. The resulting Declaration of London classified goods as (1) absolute contraband; (2) conditional contraband; and (3) free. The first class, military equipment, was subject to seizure on its way to any destination in enemy territory. The second class consisted of items such as food, clothing, and rolling stock, which were to be treated as contraband only if in transit to the government or armed forces of an enemy. The third class listed goods not subject to capture.
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Though never ratified, the declaration was near enough to a general consensus to be provisionally adopted by both sides when World War I broke out in 1914. The demands of total war, however, resulted in such items as rubber, cotton, and soap being moved from the free list to absolute contraband. The declaration eventually became irrelevant and was explicitly discarded in 1916.
Apart from the difficulty of arriving at an agreed classification of contraband, a major problem was posed by maritime trade between neutrals. Goods shipped by one neutral to another were in principle free, but British and American practice in the 19th century, under the doctrine of βcontinuous voyage,β extended the right to seizure of goods that, though on their way to a neutral destination, were to be forwarded to an enemy. The trend was thus toward the right to deprive an enemy of any benefits of neutral trade. This was emphasized during World War I by the Allied imposition of quotas on European neutrals to prevent them from supplying the enemy from their own stocks, which they would then replace from foreign sources.
In 1939 proclamations issued by the Allied powers and by Germany again differentiated bet
ween absolute and conditional contraband. The only secure maritime trade left to neutrals was that covered by the naval certificates issued by belligerents to approved shippers and cargos. This practice, originated by the English in 1590 and used in World War I, was greatly extended during World War II. Its widespread adoption amounted to official assertion that, in time of war, trade by sea could be conducted only with the approval of belligerents.
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