The "Manouba" Case

Date of Award: 6 May 1913

This dispute concerned the arrest and seizure of a French steamship by an Italian warship during the Italian-Turkish War of 1912. The vessel was detained by the Italian authorities in the Port of Cagliari upon the captain's refusal to relinquish 29 Turkish passengers, members of the Turkish Red Crescent, whom were suspected of belonging to the Ottoman army. At the request of the French Vice-Consul at Caligari, the 29 passengers in question were turned over to the Italian authorities.

The Italian and French governments submitted two questions to the Arbitral Tribunal. First, were the Italian authorities entitled to proceed as they did to the arrest and temporary seizure of the “Manouba”, as well as the arrest of the Ottoman passengers on board? Secondly, what were the financial repercussions of the response to the foregoing question? The Tribunal held that the seizure of the vessel was unjustified; however, the arrest of the questionable passengers was lawful. It ordered the Italian Government to pay damages to the French Government to compensate material claims, deducting the amount for guarding the “Manouba”.

Award of the Tribunal (Unofficial English Translation)

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