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Contraband goods are liable to capture at any place beyond neutral territory, if theirdestination is the territory belonging to, or occupied by, an opposing belligerent State. 22315.12.1 Classes of Goods That May Be Considered Contraband. Contraband consists ofgoods that are destined for an enemy of a belligerent and that may be susceptible to use in armedconflict. 224 Items susceptible to use in armed conflict may be understood to include warsustainingcommerce, i.e., commerce that indirectly but effectively supports and sustains thebelligerent State’s war fighting capability (e.g., imports of raw materials used for the productionof armaments and exports of products whose proceeds are used by the belligerent State topurchase arms and armaments). 22515.12.1.1 Distinction Between Absolute and Conditional Contraband. Whetheran item is susceptible to use in armed conflict may depend on the character of the item.Traditionally, contraband has been divided into two categories, absolute and conditional.Absolute contraband consisted of goods whose character is such that they are obviously destinedfor use in armed conflict, such as munitions, weapons, uniforms, and the like. Conditionalcontraband consisted of goods equally susceptible to either peaceful or warlike purposes, such asfoodstuffs, construction materials, and fuel. 226223 2007 NWP 1-14M 7.4.1.2 (“Contraband goods are liable to capture at any place beyond neutral territory, if theirdestination is the territory belonging to or occupied by the enemy.”); 1998 NWP 9 7.4.1.1 (same).224 2007 NWP 1-14M 7.4.1 (“Contraband consists of goods destined for the enemy of a belligerent and that may besusceptible to use in armed conflict.”); 1955 NWIP 10-2 631a (“Contraband consists of all goods which aredestined for an enemy and which may be susceptible of use in war.”).225 See 2007 NWP 1-14M 7.4 (“For purposes of this publication, neutral commerce comprises all commercebetween one neutral nation and another not involving materials of war or armaments ultimately destined for abelligerent nation, and all commerce between a neutral nation and a belligerent that does not involve the carriage ofcontraband or otherwise contribute to the belligerent’s war-fighting/war-sustaining capability.”); 1998 NWP 9 7.4footnote 88 (“Although war-sustaining commerce is not subject to precise definition, commerce that indirectly buteffectively supports and sustains the belligerent's war-fighting capability properly falls within the scope of the term.Examples of war-sustaining commerce include imports of raw materials used for the production of armaments andexports of products the proceeds of which are used by the belligerent to purchase arms and armaments.”) (internalcitations omitted).226 2007 NWP 1-14M 7.4.1 (“Contraband consists of goods destined for the enemy of a belligerent and that may besusceptible to use in armed conflict. Traditionally, contraband has been divided into two categories: absolute andconditional. Absolute contraband consisted of goods the character of which made it obvious that they were destinedfor use in armed conflict, such as munitions, weapons, uniforms, and the like. Conditional contraband consisted ofgoods equally susceptible to either peaceful or warlike purposes, such as foodstuffs, construction materials, andfuel.”). See also The Peterhoff, 72 U.S. 28, 52-53 (1867) (“The classification of goods as contraband or notcontraband has much perplexed text writers and jurists. A strictly accurate and satisfactory classification is perhapsimpracticable; but that which is best supported by American and English decisions may be said to divide allmerchandise into three classes. Of these classes, the first consists of articles manufactured and primarily andordinarily used for military purposes in time of war; the second, of articles which may be and are used for purposesof war or peace, according to circumstances; and the third, of articles exclusively used for peaceful purposes.Merchandise of the first class, destined to a belligerent country or places occupied by the army or navy of abelligerent, is always contraband; merchandise of the second class is contraband only when actually destined to themilitary or naval use of a belligerent; while merchandise of the third class is not contraband at all, though liable toseizure and condemnation for violation of blockade or siege.”).968