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Whether it is possible to distinguish between absolute contraband and conditionalcontraband may depend on the extent to which the enemy government controls imports and thescale of the conflict. For example, during World War II, belligerent States largely did notdistinguish between absolute and conditional contraband because of the involvement of virtuallythe entire population in support of the war effort and because the belligerent States exercisedgovernmental control over all imports. 22715.12.1.2 Free Goods That Are Exempt From Capture as Contraband. Certaingoods qualify as “free goods,” meaning that they are exempt from capture by belligerent Statesas contraband even though they are destined for enemy territory. Free goods include thefollowing:• equipment exclusively intended for the treatment of wounded and sick members of armedforces or for the prevention of disease, provided that the particulars regarding the voyageof such equipment have been notified to and approved by the opposing belligerentState; 228• consignments of certain types of relief goods (e.g., medical supplies and religiousmaterials for civilians; clothing and medicine for children under fifteen, expectantmothers, and maternity cases), under certain conditions; 229• certain types of relief consignments intended for the benefit of the population of occupiedterritory; 230• items destined for POWs, including individual parcels and collective relief shipmentscontaining food, clothing, medical supplies, religious objects, and educational, cultural,and athletic articles; 231 and• other goods that are specifically exempted from capture by an applicable treaty or by aspecial arrangement between belligerent States. 232227 2007 NWP 1-14M 7.4.1 (“The practice of belligerents during the Second World War collapsed the traditionaldistinction between absolute and conditional contraband. Because of the involvement of virtually the entirepopulation in support of the war effort, the belligerents of both sides tended to exercise governmental control overall imports. Consequently, it became increasingly difficult to draw a meaningful distinction between goods destinedfor an enemy government and its armed forces and goods destined for consumption by the civilian populace. As aresult, belligerents treated all imports directly or indirectly sustaining the war effort as contraband without making adistinction between absolute and conditional contraband.”).228 Refer to § 7.13 (Chartered Medical Transport Ships).229 Refer to § 5.19.3 (Passage of Relief Consignments).230 Refer to § 11.17 (Relief).231 Refer to § 9.20.3 (Receipt of Individual and Collective Relief Shipments for POWs).232 For example, HAGUE XI art. 1 (“The postal correspondence of neutrals or belligerents, whatever its official orprivate character may be, found on the high seas on board a neutral or enemy ship, is inviolable. If the ship isdetained, the correspondence is forwarded by the captor with the least possible delay.”). See also TUCKER, THELAW OF WAR AND NEUTRALITY AT SEA 91 (“From a formal point of view it must probably be concluded that theseprovisions remain binding today upon the parties to Hague Convention XI. On the other hand, it is difficult to avoid969

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