the enemy, deriving their rights from and entitled to represent an individual qualified to appeal and who have taken part in the proceedings before the national court. Persons so entitled may appeal separately to the extent of their interest.

The same rule applies in the case of persons belonging either to neutral States or to the enemy who derive their rights from and are entitled to represent a neutral power whose property was the subject of the decision.

ARTICLE 6.

When, in accordance with the above article 3, the international court has jurisdiction the national courts can not deal with a case in more than two instances. The municipal law of the belligerent captor shall decide whether the case may be brought before the international court after judgment has been given in first instance or only after an appeal.

If the national courts fail to give final judgment within two years from the date of capture, the case may be carried direct to the international court.

ARTICLE 7.

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.

If in accordance with article 3, No. 2c, the ground of appeal is the violation of an enactment issued by the belligerent captor, the court will enforce the enactment.

The court may disregard failure to comply with the procedure laid down in the enactments of the belligerent captor, when it is of opinion that the consequences of complying therewith are unjust and inequitable.

ARTICLE 8.

(See art. 2 of the additional protocol.)

If the court pronounces the capture of the vessel or cargo to be valid, they shall be disposed of in accordance with the laws of the belligerent captor.

If it pronounces the capture to be null, the court shall order restitution of the vessel or cargo, and shall fix, if there is occasion, the amount of damages. If the vessel or cargo have been sold or destroyed, the court shall determine the compensation to be given to the owner on this account.

If the national court pronounced the capture to be null, the court can only be asked to decide as to the damages.

ARTICLE 9.

The contracting powers undertake to submit in good faith to the decisions of the International Prize Court and to carry them out with the least possible delay.

PART II-CONSTITUTION OF THE INTERNATIONAL PRIZE COURT.

ARTICLE 10.

The International Prize Court is composed of judges and deputy judges, who will be appointed by the contracting powers, and must all be jurists of known proficiency in questions of international maritime law, and of the highest moral reputation.

The appointment of these judges and deputy judges shall be made within six months after the ratification of the present convention.

ARTICLE 11.

The judges and deputy judges are appointed for a period of six years, reckoned from the date on which the notification of their appointment is received by the administrative council established by the convention for the pacific settlement of international disputes of the 29th July, 1899. Their appointments can be renewed.

Should one of the judges or deputy judges die or resign, the same procedure is followed for filling the vacancy as was followed for appointing him. In this case the appointment is made for a fresh period of six years.

ARTICLE 12.

The judges of the International Prize Court are all equal in rank and have precedence according to the date on which the notification of their appointment was received (art. 11, par. 1), and if they sit by rota (art. 15, par. 2), according to the date on which they entered upon their duties. When the date is the same the senior in age takes precedence.

The deputy judges when acting are assimilated to the judges. They rank, however, after them.

ARTICLE 13.

The judges enjoy diplomatic privileges and immunities in the performance of their duties and when outside their own country. Before taking their seat the judges must swear, or make a solemn promise before the administrative council, to discharge their duties impartially and conscientiously.

ARTICLE 14.

The court is composed of 15 judges; 9 judges constitute a quorum. A judge who is absent or prevented from sitting is replaced by the deputy judge.

1

ARTICLE 15.

(Reservation of this article was made by Chile, Cuba, Ecuador, Guatemala, Haiti, Persia, Salvador, Siam, Turkey, and Uruguay.)

The judges appointed by the following contracting powers, Germany, the United States of America, Austria-Hungary, France, Great Britain, Italy, Japan, and Russia, are always summoned to sit. The judges and deputy judges appointed by the other contracting powers sit by rota as shown in the table annexed to the present convention; their duties may be performed successively by the same person. The same judge may be appointed by several of the said powers.

ARTICLE 16.

If a belligerent power has, according to the rota, no judge sitting in the court, it may ask that the judge appointed by it should take part in the settlement of all cases arising from the war. Lots shall then be drawn as to which of the judges entitled to sit according to the rota shall withdraw. This arrangement does not affect the judge appointed by the other belligerent.

ARTICLE 17.

No judge can sit who has been a party, in any way whatever, to the sentence pronounced by the national courts, or has taken part in the case as counsel or advocate for one of the parties.

No judge or deputy judge can, during his tenure of office, appear as agent or advocate before the International Prize Court nor act for one of the parties in any capacity whatever.

ARTICLE 18.

The belligerent captor is entitled to appoint a naval officer of high rank to sit as assessor, but with no voice in the decision. A neutral power, which is a party to the proceedings or whose subject or citizen is a party, has the same right of appointment; if as the result of this last provision more than one power is concerned, they must agree among themselves, if necessary by lot, on the officer to be appointed.

ARTICLE 19.

The court elects its president and vice president by an absolute majority of the votes cast. After two ballots, the election is made by a bare majority, and, in case the votes are equal, by lot.

ARTICLE 20.

The judges on the International Prize Court are entitled to traveling allowances in accordance with the regulations in force in their own country, and in addition receive, while the court is setting or while they are carrying out duties conferred upon them by the court, a sum of 100 Netherland florins per diem.

These payments are included in the general expenses of the court dealt with in article 47, and are paid through the International Bureau established by the convention of the 29th July, 1899.

The judges may not receive from their own Government or from that of any other power any remuneration in their capacity of members of the court.

ARTICLE 21.

The seat of the International Prize Court is at The Hague, and it can not, except in the cases of force majeure, be transferred elsewhere without the consent of the belligerents.

ARTICLE 22.

The administrative council fulfills, with regard to the International Prize Court, the same functions as to the Permanent Court of Arbitration, but only representatives of contracting powers will be members of it.

ARTICLE 23.

The International Bureau acts as registry to the International Prize Court and must place its offices and staff at the disposal of the court. It has charge of the archives and carries out the administrative work.

The secretary general of the International Bureau acts as registrar.

The necessary secretaries to assist the registrar, translators, and shorthand writers are appointed and sworn in by the court.

ARTICLE 24.

The court determines which language it will itself use and what languages may be used before it.

In every case the official language of the national courts which have had cognizance of the case may be used before the court.

ARTICLE 25.

Powers which are concerned in a case may appoint special agents to act as intermediaries between themselves and the court. They may also engage counsel or advocates to defend their rights and in

terests.

ARTICLE 26.

A private person concerned in a case will be represented before the court by an attorney, who must be either an advocate qualified to plead before a court of appeal or a high court of one of the contracting States, or a lawyer practicing before a similar court, or, lastly, a professor of law at one of the higher teaching centers of those countries.

ARTICLE 27.

For all notices to be served, in particular on the parties, witnesses, or experts, the court may apply direct to the Government of the

State on whose territory the service is to be carried out. The same rule applies in the case of steps being taken to procure evidence.

The requests for this purpose are to be executed so far as the means at the disposal of the power applied to under its municipal law allow. They can not be rejected unless the power in question considers them calculated to impair its sovereign rights or its safety. If the request is complied with, the fees charged must only comprise the expenses actually incurred.

The court is equally entitled to act through the power on whose territory it sits.

Notices to be given to parties in the place where the court sits may be served through the international bureau.

PART III.-PROCEDURE IN THE INTERNATIONAL PRIZE COURT.

ARTICLE 28.

(See art. 5 of the additional protocol.)

An appeal to the international prize court is entered by means of a written declaration made in the national court which has already dealt with the case or addressed to the international bureau; in the latter case the appeal can be entered by telegram.

The period within which the appeal must be entered is fixed at 120 days, counting from the day the decision is delivered or notified. (Art. 2, par. 2.)

ARTICLE 29.

(See art. 6 of the additional protocol.)

If the notice of appeal is entered in the national court, this court, without considering the question whether the appeal was entered in due time, will transmit within seven days the record of the case to the international bureau.

If the notice of the appeal is sent to the international bureau, the bureau will immediately inform the national court, when possible, by telegraph. The latter will transmit the record as provided in the preceding paragraph.

When the appeal is brought by a neutral individual the international bureau at once informs by telegraph the individual's Government, in order to enable it to enforce the rights it enjoys under article 4, paragraph 2.

ARTICLE 30.

In the case provided for in article 6, paragraph 2, the notice of appeal can be addressed to the international bureau only. It must be entered within 30 days of the expiration of the period of 2 years.

ARTICLE 31.

If the appellant does not enter his appeal within the period laid down in article 28 or 30, it shall be rejected without discussion.

Provided that he can show that he was prevented from so doing by force majeure and that the appeal was entered within 60 days

84610°-H. Doc. 2111, 64-2, pt 2-2