3. PRIZE COURTS
A prize court is a court authorized
to consider whether or not a ship
has been lawfully captured or
seized in time of war under the
termed of seizing( snatch) ship’s
letters of marquee and payback.
4. International prize courts
The international prize court was an international
court proposed at the beginning of the 20th
century, to hear prize cases.
The creation of international prize court was made
at the Hague conference of 1907.
The international prize court was to hear appeals
from national courts concerning prize cases.
It was a post particularly by elements with in the
USA and UK as a violation of national sovereignty.
5. General provision Of The Prize
Courts
A number of general provisions can be seen in
present day international court, which are :
Art.1.
A cargo or ship is captured when neutral or enemy
property is involved.
Art.2.
The judgement of these courts are pronounced
officially to the parties who are neutrals or
enemies.
6. Cont…..
Art.3.
The appeal against the judgment of national prize
court can be brought before international prize
court ,that the judgment was wrong either in fact
or in law .
Art.4.
An appeal may be brought by a neutral power, by
neutral individuals ,by an subjects or citizens an
enemy power
7. Cont…
Art.5.
An appeal may also be brought by person who
belongs to the case or is a subject of the decision
Art.6.
If the national court fail to give judgment within
two years the case may be carried direct to the
international court
Or by appeal and after judgment of national prize
court.
8. Cont…
Art.7.
In the absence of provision related to the case the
court shall apply the rules of international law if
there is no rules related to the case in
international law then the court shall give
judgment according to justice and equity.
9. Cont…
Art.8.
If the court announced the capture is to be valid
then it disposed of accordance with the laws of
belligerent captor.
If the capture is to be null the court only be asked
to decide as to the damages
Art.9.
The contracting powers undertake to submit in
good faith to the decisions IPC and carry them
without possible delay
10. Constitution of the international prize court
Art.10.
The IPC is composed of judges and deputy judges
who will be appointed by the contracting powers
Art.11.
The judges and deputy judges are appointed for a
period of six year, their appointments can be
renewed
Ar.12.
The judges of the IPC are all equal in rank
11. Cont…
Art.13.
The judges enjoy diplomatic privileges and
immunities in the performance of their duties
outside their countries
Art.14.
The court is composed of 15 judges, 9 judges
constitute a quorum . A judge who is absent is
replace by deputy judge
12. Cont….
Art.15.
The judges appointed by the following contracting
powers like Germany , USA ,UK, France etc are
always summoned to sit.
Art.16.
If a belligerent power has no judges sitting in the
court it may asked that judge appointed by it shall
take part in the settlement of all cases arising from
the war .
13. Cont…
Art.17.
no judge can sit who has been a party ,nor a judge
or deputy judge appear as agent or act for one of
the parties
Art.18.
Belligerent captor is entitled to appoint navels
officer of high rank to sit as assessor but no voice
in the decisions
14. Cont…
Art.19.
The court elects its president and vise president
by absolute majority of the vote cast
Art.20.
All the expenses or payments of their traveling
are paid by the court
Art.21.
The seat of IPC is at Hague.
15. Cont…
Art.22.
The administered council fulfills the same function
of international prize court, and only
representatives of contracting powers shall be
members of it
Art.23.
The secretary general of international bureau acts
as registry to the IPC
16. Cont…
Art.24.
In all cases the official language of the
national courts can be used before the court
Art.25.
In a case special agents are appoint act as
intermediaries between themselves and the
courts
17. Cont….
Art.26.
A private person concerned in a case will be
represented before the court by an attorney
Art.27.
The court is equally entitled to act through
the power on whose territory it sits.
