The Marine Cap

• Jurisdiction: Egipto
• Date: 21 September 1949
• Docket Number: 202
• Court: Prize Court (Egypt)

Egypt, Prize Court of Alexandria.

Case No. 202

The Marine Cap.

Contraband — Enemy Goods under Neutral Flag — Absence of Claim Relying on Protection of Neutral Flag.

Prize Law — Duty of Prize Court to Apply Rules of International Law — Relevance of Municipal Decrees — Prohibition of Exports from Enemy Territory — Reprisals — Contraband — Produce of Soil of Enemy Territory — Neutral Flag.

The Facts.—Certain goods in four consignments were shipped in Israel consigned to certain individuals in New York. The cargo was put aboard an American ship. This cargo was seized by the Egyptian authorities in the course of the hostilities between Egypt and Israel. Proceedings were instituted by the American consignees with the object of obtaining the release of the cargo, which they claimed as their property. The nature of the cargo does not appear from the report. In addition to the above-mentioned cargo, however, there was also a cargo of lemons consigned to the same individuals. This cargo was also seized.

Held: that the first-mentioned cargo must be released, but that the seizure of the cargo of lemons was good and lawful prize. The Court said:

“Even supposing that this cargo [referring to the first-mentioned cargo] had remained the property of the forwarding party, who are enemies, the neutral flag covers enemy property. This is in accordance with Article 2 of the Declaration of Paris of 1856 to which Turkey was a party and, in consequence, the entire Ottoman Empire, which included Egypt. Moreover, this rule is generally accepted by the Prize Courts of all countries. The claimants have invoked the protection of the neutral flag.

“This protection of the neutral flag is established not only in favour of the neutrals but also in favour of the owners of enemy property. (See The Dirigo (1919), decided by the British Admiralty Court.)

“The contention of the Advocate-General, according to which the Prize Court is bound to apply the direction of the Military Governor of June 6, 1948, which provides that the confiscation of all goods ‘exported from Palestine, whatever their nature or their destination, and whether they are of Palestinian origin or not’, cannot be admitted, for the said direction refers to Proclamation No. 13 of May 18, 1948, which authorizes searching vessels, the seizure of cargo destined for Palestine, and eventually their confiscation in accordance with ‘the rules established under public international law’.

“On the other hand, Proclamation No. 38 of...