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The Rhea

International Law Reports Cited in Precedent Map Related
Docket NumberCase No. 205
Date15 Marzo 1940
CourtPrize Court (Germany)
Germany, Prize Court of Hamburg.
Case No. 205
The Rhea.

Prize Law — Absolute and Conditional Contraband — Enemy Destination — Enemy Character of Cargo — Compensation — Whether Vessel Entitled to Release.

The Facts.—The Finnish steamer Rhea, belonging to the Finska Angfartygs Company of Helsingfors, was loaded in the Finnish ports of Wiborg, Kotka and Abo, with a cargo of paper, paste, box planks, wooden blocks, wooden spools, and ants' eggs, and sailed for Hull on October 16, 1939. On October 24 the vessel was captured in the North Sea by a German warship, taken into Kiel, and later to Hamburg, where prize proceedings were begun against the ship and its entire cargo. The captors claimed that the whole cargo of the Rhea, with the exception of the ants' eggs, was absolute contraband destined for the enemy; and that the ants' eggs were conditional contraband, but their enemy destination could not be shown. Moreover, since the owners of the vessel knew at the time of the capture that, according to Finnish law, the cargo had already become enemy property at the time of the loading in Finland, the condemnation of the ship and its whole cargo with the exception of the ants' eggs was claimed without compensation. Ten claimants filed appearances. The Finska Angfartygs Company claimed the release of the ship, compensation under Article 31 of the Prize Code, and costs; and nine different consignors of the...

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