[Defeated] Mercantile Prizes of War

[Adytus]

Applauding the World Assembly for its constant improvements on wartime legislation,

Concerned that there yet exists grey areas in the current laws,

Noting that wartime commerce is often a popular target of opportunity and that crews of merchant craft are often subject to combat conditions regardless of their civilian status,

Believing this worthy of international attention,

1. The General Assembly defines mercantile prizes as commercial cargo or transport vessels, regardless of the medium which they traverse, that carry commercial goods that, but for the outbreak of hostilities, would be legal vessels engaged in lawful commerce.

2. It shall be lawful for member states to seize mercantile prizes belonging to belligerents in their territory if, and only if, hostilities have already commenced prior to the mercantile prize being seized.

3. Member states must offer belligerent mercantile prizes that have lawfully entered their territory prior to the outbreak of hostilities leave to return to allied or neutral territory before capture. Mercantile prizes that are given appropriate time to reach the aforementioned territory, yet fail to comply are no longer afforded this protection.

4. Member states may confiscate vessels and cargo lawfully seized as a mercantile prize of war, provided the cargo is commercial and not bound for delivery to a specific individual.

a. Member states may not confiscate cargo bound for delivery to a specific individual, such as mail or personal items not intended for commercial sale at a later point, but may detain them for return to the nation of origin at the conclusion of hostilities.
b. Member states are responsible for detained goods, and will immediately tender a receipt upon detention of goods, including a guarantee of compensation for lost or damaged goods.

5. Member states may not consider the crew of such a vessel to be themselves prizes of war. Crews are entitled to the same rights and protections as Prisoners of War upon their capture or surrender, as defined by international law, and may not be harmed except where their actions make them lawful combatants.

6. Member states must consider actions or orders contrary to these provisions to be unlawful and a war crime, and shall prosecute offenders accordingly.

7. Nothing in this resolution limits the ability of authorities to detain vessels or crews without seizing the vessel or its cargo as a prize of war, pursuant to relevant international law.

[Fedele]

Nay

[Adytus]

Nay

[Cormac]

0-2-0. Voting Nay.

[Gradea]

Nay.