TwoLaW
Lecture Series on the Laws of War
Organized by Jochen von Bernstorff and Andreas Kulick
Andrew Clapham: Why we should not accept the use of Prize Law today
Prize law has been applied for centuries to award seized enemy property to the State that captured it. Some military manuals suggest that ‘Belligerent Rights’ still exist in naval warfare and that Belligerent States are entitled to acquire enemy vessels and cargo through the operation of Prize Law. It seems incoherent for international law to outlaw violations of the UN Charter and then at the same time entitle States to acquire the ‘spoils of war’.
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