The "Carthage" case

Date of Award: 6 May 1913
Emblem of the Permanent Court of Arbitration

In January 1912, during the war between Turkey and Italy, the French mail steamer “Carthage” of the Compagnie Générale Transatlantique, in the course of a regular voyage between Marseille and Tunis, was stopped  in the open sea by the destroyer “Agordat” of the Royal Italian Navy. The commander of the destroyer visited the “Carthage” and found on board an airplane belonging to Duval, a French aviator. The airplane was consigned to Duval’s address at Tunis. The commander declared that the airplane in question was considered by the Italian government to be contraband of war. As it was impossible to transfer the airplane from one vessel to another, the “Carthage” was brought to Cagliari, where it was retained for four days. The question submitted to the arbitral tribunal was whether the Italian naval authorities were within their right when the commander of the “Agordat” captured and temporarily seized the “Carthage” and whether compensation should be paid. The original language of the Award is French.

Award of the Tribunal, 6 May 1913


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