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If the prize does not leave as soon as such circumstances that justified it entry cease, theneutral State must order the prize to leave at once, and should it fail to do so, the neutral Statemust employ the means at its disposal to release it with its previous officers and crew, and tointern the prize crew. 195If a prize is brought into a neutral State’s port under circumstances other than because ofunseaworthiness, stress of weather, or want of fuel or provisions, the neutral State must releasethe prize. 196 The prize crew should be interned and the vessel restored to its former crew. 19715.9.5.1 Article 23 of Hague XIII – Prizes Sequestrated Pending Prize CourtDecision. Article 23 of Hague XIII permits a neutral State to allow prizes to enter its ports androadsteads when they are brought there to be sequestrated pending the decision of a prizecourt. 198 However, the United States ratified Hague XIII subject to a reservation to Article 23. 199for necessary fuel or provisions, or because of stress of weather or necessity of repairs, and to leave as soon as thecause of such entry was satisfied or removed. … The principles of international law recognized by this government,leaving the treaty aside, will not permit the ports of the United States to be thus used by belligerents. If such usewere permitted, it would constitute of the ports of a neutral country harbors of safety into which prizes, captured byone of the belligerents, might be safely brought and indefinitely kept.”).195 HAGUE XIII art. 21 (“If it does not [leave], the neutral Power must order it to leave at once; should it fail to obey,the neutral Power must employ the means at its disposal to release it with its officers and crew and to intern the prizecrew.”); 1928 PAN AMERICAN MARITIME NEUTRALITY CONVENTION art. 17 (“if none of the indicated conditionsexist, the state shall suggest to them that they depart, and if not obeyed shall have recourse to the means at itsdisposal to disarm them with their officers and crew, or to intern the prize crew placed on board by the captor.”).196 HAGUE XIII art. 22 (“A neutral Power must, similarly, release a prize brought into one of its ports undercircumstances other than those referred to in Article 21.”); 1928 PAN AMERICAN NEUTRALITY CONVENTION art. 18(“Outside of the cases provided for in Article 17, the neutral state must release the prizes which may have beenbrought into its territorial waters.”).197 Press Release, Oct. 28, 1939, German Capture of the American Steamer City of Flint, 1 DEPARTMENT OF STATEBULLETIN 429, 432 (“A prize crew may take a captured ship into a neutral port without internment only in case ofstress of weather, want of fuel and provisions, or necessity of repairs. In all other cases, the neutral is obligated tointern the prize crew and restore the vessel to her former crew.”).198 HAGUE XIII art. 23 (“A neutral Power may allow prizes to enter its ports and roadsteads, whether under convoyor not, when they are brought there to be sequestrated pending the decision of a Prize Court. It may have the prizetaken to another of its ports. If the prize is convoyed by a war-ship, the prize crew may go on board the convoyingship. If the prize is not under convoy, the prize crew are left at liberty.”).199 William H. Taft, Proclamation Regarding the Hague XIII, Feb. 28, 1910, 36 STAT. 2415, 2438 (“And whereasthe Senate of the United States of America by its resolution of April 17, 1908, (two-thirds of the Senators presentconcurring therein) did advise and consent to the adherence by the United States to the said Convention with thereservation and exclusion of its Article 23 and with the understanding that the last clause of Article 3 of the saidConvention implies the duty of a neutral power to make the demand therein mentioned for the return of a shipcaptured within the neutral jurisdiction and no longer within that jurisdiction; And whereas the President of theUnited States of America, in pursuance of and in conformity with the aforesaid advice and consent of the Senate,did, on the 23rd day of February, 1909, declare the adherence of the United States to the said Convention;”).963

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