Rules of Prize Warfare
Encyclopedia
Prize rules or cruiser rules govern the taking of prizes
: vessels
captured on the high seas during war
. They are intertwined with the blockade rules.
Customary rules were originally laid down in the days of sailing ship
s. These were supplemented by various international agreements including the Declaration of Paris (1856) and the Hague Conventions (1899 and 1907)
and other naval agreements during the 20th century. Although these rules are still part of the laws of war
, changes in technology like the radio and the submarine made them redundant between belligerents during World War I and World War II. Still, the Nuremberg Tribunal found that these rules were still applicable to neutral merchant shipping.
Prize rules state that passenger ship
s may not be sunk, crews of merchant ships
must be placed in safety before their ships may be sunk (life boats are not considered a place of safety unless close to land), only warship
s and merchant ships that are a threat to the attacker may be sunk without warning.
, Austria-Hungary
, France
, Prussia
, Russia
, Sardinia
and the Ottoman Empire
, ratified the Declaration of Paris. It regulated the relationship between neutral and belligerent and shipping on the high seas when the signatories were fighting each other, but not when fighting non-signatory nations. The United States withheld its formal adherence in 1857.
(the Hague Conventions of 1899 and 1907) subscribing to rules of prize warfare before World War I
and they were also in effect during World War II
. During 1914-1917, Germany adhered to the prize rules, until it declared unrestricted submarine warfare
. During World War II
, Germany
adhered to the prize rules for the first 2 months of 1939, and then unrestricted submarine warfare was again practised.
In 1912, British Admiral Sir John "Jackie" Fisher, by then a retired First Sea Lord
, presented a paper to the Cabinet
. He developed the argument that submarine
s would find adherence to prize rules impossible, for practical reasons: a submarine could not capture a merchant ship, for it would have no spare manpower to deliver the prize to a neutral port, neither could it take survivors or prisoners, for lack of space. "...there is nothing a submarine can do except sink her capture." If a merchant ship were armed, as was permitted by a conference in London in 1912, then a submarine was under more pressure to destroy a ship. He asked: "What if the Germans were to use submarines against commerce without restriction?"
This last comment was thought to be unsupportable. Winston Churchill
, then First Lord of the Admiralty
and political head of the Royal Navy
, supported by senior naval opinion, said it was inconceivable that "...this would ever be done by a civilised power." It was Fisher who was proven correct
.
The treaties are still in effect today.
Prize (law)
Prize is a term used in admiralty law to refer to equipment, vehicles, vessels, and cargo captured during armed conflict. The most common use of prize in this sense is the capture of an enemy ship and its cargo as a prize of war. In the past, it was common that the capturing force would be allotted...
: vessels
Ship
Since the end of the age of sail a ship has been any large buoyant marine vessel. Ships are generally distinguished from boats based on size and cargo or passenger capacity. Ships are used on lakes, seas, and rivers for a variety of activities, such as the transport of people or goods, fishing,...
captured on the high seas during war
War
War is a state of organized, armed, and often prolonged conflict carried on between states, nations, or other parties typified by extreme aggression, social disruption, and usually high mortality. War should be understood as an actual, intentional and widespread armed conflict between political...
. They are intertwined with the blockade rules.
Customary rules were originally laid down in the days of sailing ship
Sailing ship
The term sailing ship is now used to refer to any large wind-powered vessel. In technical terms, a ship was a sailing vessel with a specific rig of at least three masts, square rigged on all of them, making the sailing adjective redundant. In popular usage "ship" became associated with all large...
s. These were supplemented by various international agreements including the Declaration of Paris (1856) and the Hague Conventions (1899 and 1907)
Hague Conventions (1899 and 1907)
The Hague Conventions were two international treaties negotiated at international peace conferences at The Hague in the Netherlands: The First Hague Conference in 1899 and the Second Hague Conference in 1907...
and other naval agreements during the 20th century. Although these rules are still part of the laws of war
Laws of war
The law of war is a body of law concerning acceptable justifications to engage in war and the limits to acceptable wartime conduct...
, changes in technology like the radio and the submarine made them redundant between belligerents during World War I and World War II. Still, the Nuremberg Tribunal found that these rules were still applicable to neutral merchant shipping.
Prize rules state that passenger ship
Passenger ship
A passenger ship is a ship whose primary function is to carry passengers. The category does not include cargo vessels which have accommodations for limited numbers of passengers, such as the ubiquitous twelve-passenger freighters once common on the seas in which the transport of passengers is...
s may not be sunk, crews of merchant ships
Merchant vessel
A merchant vessel is a ship that transports cargo or passengers. The closely related term commercial vessel is defined by the United States Coast Guard as any vessel engaged in commercial trade or that carries passengers for hire...
must be placed in safety before their ships may be sunk (life boats are not considered a place of safety unless close to land), only warship
Warship
A warship is a ship that is built and primarily intended for combat. Warships are usually built in a completely different way from merchant ships. As well as being armed, warships are designed to withstand damage and are usually faster and more maneuvrable than merchant ships...
s and merchant ships that are a threat to the attacker may be sunk without warning.
Declaration of Paris, 1856
In 1856 and afterward, numerous states, including the United KingdomUnited Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, Austria-Hungary
Austria-Hungary
Austria-Hungary , more formally known as the Kingdoms and Lands Represented in the Imperial Council and the Lands of the Holy Hungarian Crown of Saint Stephen, was a constitutional monarchic union between the crowns of the Austrian Empire and the Kingdom of Hungary in...
, France
Second French Empire
The Second French Empire or French Empire was the Imperial Bonapartist regime of Napoleon III from 1852 to 1870, between the Second Republic and the Third Republic, in France.-Rule of Napoleon III:...
, Prussia
Prussia
Prussia was a German kingdom and historic state originating out of the Duchy of Prussia and the Margraviate of Brandenburg. For centuries, the House of Hohenzollern ruled Prussia, successfully expanding its size by way of an unusually well-organized and effective army. Prussia shaped the history...
, Russia
Russian Empire
The Russian Empire was a state that existed from 1721 until the Russian Revolution of 1917. It was the successor to the Tsardom of Russia and the predecessor of the Soviet Union...
, Sardinia
Kingdom of Sardinia
The Kingdom of Sardinia consisted of the island of Sardinia first as a part of the Crown of Aragon and subsequently the Spanish Empire , and second as a part of the composite state of the House of Savoy . Its capital was originally Cagliari, in the south of the island, and later Turin, on the...
and the Ottoman Empire
Ottoman Empire
The Ottoman EmpireIt was usually referred to as the "Ottoman Empire", the "Turkish Empire", the "Ottoman Caliphate" or more commonly "Turkey" by its contemporaries...
, ratified the Declaration of Paris. It regulated the relationship between neutral and belligerent and shipping on the high seas when the signatories were fighting each other, but not when fighting non-signatory nations. The United States withheld its formal adherence in 1857.
20th century
All sides signed treatiesTreaty
A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...
(the Hague Conventions of 1899 and 1907) subscribing to rules of prize warfare before World War I
World War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...
and they were also in effect during World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
. During 1914-1917, Germany adhered to the prize rules, until it declared unrestricted submarine warfare
Unrestricted submarine warfare
Unrestricted submarine warfare is a type of naval warfare in which submarines sink merchantmen without warning, as opposed to attacks per prize rules...
. During World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
adhered to the prize rules for the first 2 months of 1939, and then unrestricted submarine warfare was again practised.
In 1912, British Admiral Sir John "Jackie" Fisher, by then a retired First Sea Lord
First Sea Lord
The First Sea Lord is the professional head of the Royal Navy and the whole Naval Service; it was formerly known as First Naval Lord. He also holds the title of Chief of Naval Staff, and is known by the abbreviations 1SL/CNS...
, presented a paper to the Cabinet
Cabinet of the United Kingdom
The Cabinet of the United Kingdom is the collective decision-making body of Her Majesty's Government in the United Kingdom, composed of the Prime Minister and some 22 Cabinet Ministers, the most senior of the government ministers....
. He developed the argument that submarine
Submarine
A submarine is a watercraft capable of independent operation below the surface of the water. It differs from a submersible, which has more limited underwater capability...
s would find adherence to prize rules impossible, for practical reasons: a submarine could not capture a merchant ship, for it would have no spare manpower to deliver the prize to a neutral port, neither could it take survivors or prisoners, for lack of space. "...there is nothing a submarine can do except sink her capture." If a merchant ship were armed, as was permitted by a conference in London in 1912, then a submarine was under more pressure to destroy a ship. He asked: "What if the Germans were to use submarines against commerce without restriction?"
This last comment was thought to be unsupportable. Winston Churchill
Winston Churchill
Sir Winston Leonard Spencer-Churchill, was a predominantly Conservative British politician and statesman known for his leadership of the United Kingdom during the Second World War. He is widely regarded as one of the greatest wartime leaders of the century and served as Prime Minister twice...
, then First Lord of the Admiralty
Admiralty
The Admiralty was formerly the authority in the Kingdom of England, and later in the United Kingdom, responsible for the command of the Royal Navy...
and political head of the Royal Navy
Royal Navy
The Royal Navy is the naval warfare service branch of the British Armed Forces. Founded in the 16th century, it is the oldest service branch and is known as the Senior Service...
, supported by senior naval opinion, said it was inconceivable that "...this would ever be done by a civilised power." It was Fisher who was proven correct
Unrestricted submarine warfare
Unrestricted submarine warfare is a type of naval warfare in which submarines sink merchantmen without warning, as opposed to attacks per prize rules...
.
The treaties are still in effect today.