By Rudolf Bernhardt

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Translated via Charlotte Mandell

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III. DUTIES IMPOSED ONLY ON NEUTRAL STATES There are a number of duties owed by a neutral State in the context of sea warfare. If —> wounded, sick or shipwrecked members of belligerent armed forces are rescued by being taken on board a neutral warship, Geneva Con­ vention II of 1949 obligates the neutral State to ensure (through their internment) that they can take no further part in operations of war. It is noteworthy that the Convention does not refer to neutral merchant ships: if the rescued persons are taken on board such a vessel, they must be released rather than interned (but should the merchant ship encounter an enemy warship, the latter will be entitled to search the former and to insist on the transfer of the rescued persons who will become —» prisoners of war).

M O O S , T h e Navicert in World War II, AJIL, Vol. 38 (1944) 115-119. G . G . F I T Z M A U R I C E , Some Aspects of Modern Contraband Control and the Law of Prize, BYIL, Vol. 22 (1945) 73-93. M. H. T. WALDOCK, The Release of the Altmark's Prisoners, BYIL, V o l . 24 (1947) 2 1 6 - 2 3 8 . L A U T E R P A C H T , Angary and Requisition of Neutral Property, B Y I L , V o l . 27 (1950) 4 5 5 - 4 5 9 . K O M A R N I C K I , T h e Place of Neutrality in the Modern 28 NEUTRALITY IN SEA WARFARE System of International Law, RdC, Vol.

Hague Convention XIII refers instead to the means at the disposal of the neutral State. e. non-absolute) character of the duty of prevention devolving on the neutral State. Since the transit of belligerent vessels (as well as ships belonging to other neutral States) is permissible in neutral waters, Hague Convention VIII of 1907 relative to the Laying of Automatic Submarine Contact Mines proclaims that when a neutral State lays automatic contact —» mines off its coasts, it must observe the same rules as are imposed on belligerents.

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