The International Naval Conference of London, 1908–1909

Extract

The cause for the creation of this conference and for ite resultant codification of naval prize law can be found in the convention to establish an International Prize Court drawn up and signed at the Second Hague Conference by most of the powers in attendance.

Article 7 of this convention reads as follows:

If a question of law to be decided is covered by a treaty in force between the belligerent captor and a power which is itself, or whose subject or citizen is a party to the proceedings, the court is governed by the provisions of the said treaty.

In the absence of such provisions, the court shall apply the rules of international law. If no generally recognized rule exists the court shall give judgment in accordance with the general principles of justice and equity.

The above provisions apply equally to questions relating to the order and mode of proof.