The Fedala

• Jurisdiction: Egipto
• Date: 05 March 1957
• Court: Prize Court (Egypt)

Egypt, Conseil des Prises, Alexandria.

The Fedala.

International Canals — Suez Canal — Constantinople Convention, 1888 — Article 10 — Measures Necessary for Safety and Defence of Egypt — Seizure of Goods which Strengthen War Effort of a Country at War with Egypt — The Law of Egypt — Egypt and Israel.

Contraband — Conception of — Goods Consigned to Enemy Territory — Goods which Strengthen War Effort of Enemy — Seizure at Suez — Constantinople Convention, 1888 — The Law of Egypt — Egypt and Israel.

The Facts.—On October 29, 1956, the Dutch vessel Fedala, sailing from Djibouti and Massawa, arrived at Suez destined for Haifa via the Suez Canal. The vessel was carrying a mixed cargo comprising meat, skins, and personal effects and clothes, consigned from Djibouti and Massawa by the Société Incode de Djibouti to institutions and persons in Haifa and Tel Aviv. The port authorities of Suez seized the cargoes on October 30, 1956, on information furnished by the Director of the Regional Bureau for the Boycott of Israel. At the hearing before the Conseil des Prises none of the persons adversely affected by the seizure was present: although an advocate intervened in the proceedings demanding the release of some of the personal effects and claiming, in the name of “Dammers & Van Der Heide” (the owners of the vessel), damages for the holding up of the departure of the vessel, he was unable to produce authority to act in that capacity.

Held: that the cargo was lawful prize. (i) Goods which strengthened the war effort of an enemy country were contraband of war and could be seized as lawful prize. (ii) The Constantinople Convention of 1888 permits measures necessary for the defence and safety of Egyptian territory, amongst which measures was the seizure of goods which would strengthen the war effort of a country at war with Egypt.

The Court said: “Considering the decree of February 6, 1950, relating to the search and seizure of prizes in connection with the war in Palestine, and the decree of November 30, 1953, amending certain of its provisions, as well as Law No. 32 of April 3, 1950, on the Conseil des Prises;

“Considering the documents in the case, and after deliberating in accordance with the law;

“Whereas the goods seized were despatched from Djibouti and Massawa to Haifa on the Dutch vessel Fedala, which arrived at Suez on October 29, 1956; and these goods consisted of frozen meat, preserved meat, skins and personal effects, appearing in the bills of lading as...