Contraband [fr. Contra, Lat., against; and bando, Ital., edict], such goods as are prohibited to be imported or exported, bought or sold, either by the laws of a particular state or by special treaties; also a term applied to designate that class of commodities which neutrals are not allowed to carry during war to a belligerent power.
It is a recognized general principle of the law of nations, that ships may sail to and trade with all kingdoms, countries, and states in peace with the princes or authorities whose flags they bear; and that they are not to be molested by the ships of any other power at war with the country with which they are trading, unless they engage in the conveyance of contraband goods. But great difficulty has arisen in deciding as to the goods comprised in this term.
In order to obviate all disputes as to what commodities should be deemed contraband, they have sometimes been specified in treaties or conventions. But this classification is not always respected during hostilities. See DECLARATION OF LONDON.
Where goods which would be contraband if carried to enemy port are being carried to a neutral port, they can be seized as contraband if it be proved that they are intended to be forwarded by land or sea from that neutral port to an enemy country. This doctrine was first applied by the American Prize Courts during the American Civil War, and is known as the doctrine of 'Continuous Voyage.' For recent application of the doctrine, see The Bonna, 1918, p. 123.
The right of visitation and search is a right inherent in all belligerents; for it would be absurd to allege that they had a right to prevent the conveyance of contraband goods to an enemy, and to deny them the use of the only means by which they can give effect to such right, Vattel, b. 3, c. vii., s. 114. The object of the search is twofold; first, to ascertain whether the ship is neutral or an enemy, for the circumstance of his hoisting a neutral flag affords no security that it is really such; and secondly, whether it has contraband articles or enemies' property on board, McCull. Com. Dict. See The Jonge Margaretta, (1799) 1 C. Rob. 189; Tudor's L.C. in Merc. & Mar. Law, pp. 981 et seq.; and Hall, or Smith and Sibley, on International Law; VISIT AND SEARCH