Law And Usage of War a Practical Handbook of the Law And Usage of Land And Nava

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Law And Usage of War a Practical Handbook of the Law And Usage of Land And Nava
Thomas Barclay
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It has been seen that there is nothing to prevent a belligerent from converting a merchant ship into a warship, and making captures before the enemy or a neutral State knows that such a conversion has taken place. Nor is there anything to prevent a surreptitious conversion on the high sea, or a reconversion at will.
The inclusion of this subject in the programme of The Hague Conference of 1907 was due mainly to the incident which arose out of the passage through the Dardanelles 1 in July, 1904,
... of the Peterburg and Smolensk as merchant vessels, and their subsequent armament on the high sea 1 Under the Treaties of Paris (1856), the Treaty of London (1871), and the Treaty of Berlin (1878), the straits between the Mediterranean and the Black Sea are closed to vessels of war. See DARDANELLES.
MER 75 MER MERCHANT SHIPS AS CRVISERS— continued (Red Sea) as vessels of war. This was, however, a viola- tion of Russia's treaty obligations.
Usage had already practically solved the only question of principle which seemed to arise in connection with the sub- ject — namely, as to whether using merchant ships as cruisers is within the operation of the clause of the Declaration of Paris abolishing privateering.


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