- This article is about the illegal traffic of goods. For other uses of the term, see Contraband (disambiguation)
The English word contraband, reported in English since 1529, from Medieval French contrebande "a smuggling,"
derived via Italian contrabando from Latin contra "against" + Middle Latin bannum (from Frankish root
ban "a command", as in Italian bando 'law'; also the root of 'banishment'), denotes any item which, relating to its
nature, is illegal to be possessed, sold et cetera.
However the term is also commonly and in legal language used for goods that by their nature, e.g. too dangerous or offensive in the eyes of the
legislator (those are termed contraband in se) are forbidden, and for so-called derivative contrabande,
i.e. goods that may normally be owned but are liable to be seized because they were used in committing an unlawful act and
hence begot illegally, such as:
- smuggler goods
- stolen goods - knowingly participating in their trade is an offense in itself, called fencing
- the fruits of fraud, forgery etc.
- The word is also used as an adjective, again meaning 'distributed or sold illicitly'.
International law of war
In international law, goods carried by vessels of neutral nations during wartime
that may be confiscated by a belligerent power and thus prohibited from delivery to the
enemy. Traditionally, contraband is classified into two categories, absolute contraband and conditional contraband. The
former category includes arms, munitions, and various materials, such as chemicals and certain types of machinery, that may be
used directly to wage war or be converted into instrumentalities of war.
Conditional contraband, formerly known as occasional contraband, consists of such materials as provisions and livestock feed.
Cargoes of this kind, while presumably innocent in character, are subject to seizure if, in the opinion of the belligerent nation
that seizes them, the supplies are destined for the armed forces of the enemy rather than for civilian use and consumption. In
former agreements among nations, certain other commodities, including soap, paper, clocks, agricultural machinery and jewelry,
have been classified as non-contraband, although these distinctions have proved meaningless in practice.
Under conditions of modern warfare, in which armed conflict has largely become a struggle involving the total populations of
the contending powers, virtually all commodities are classified by belligerents as absolute contraband.
Numerous treaties defining contraband have been concluded among nations. In time of war, the nations involved have invariably
violated these agreements, formulating their own definitions as the fortunes of war indicated. The Declaration of London, drafted at the London Naval Conference of
1908-1909, and made partly effective by most of the European maritime nations at the outbreak of World War I, established
comprehensive classifications of absolute and conditional contraband. As the war developed, the lists of articles in each
category were constantly revised by the various belligerents, despite protests by neutral powers engaged in the carrying trade.
By 1916 the list of conditional contraband included practically all waterborne cargo. Thereafter, for the duration of World War
I, nearly all cargoes in transit to an enemy nation were treated as contraband of war by the intercepting belligerent, regardless
of the nature of the cargo. A similar policy was inaugurated by the belligerent powers early in World War II.
Under international law, the citizens of neutral nations are entitled to trade, at their own risk, with any or all powers
engaged in war. No duty to restrain contraband trade is imposed on the neutral governments, but neither have neutral governments
the right to interfere on behalf of citizens whose property is seized by one belligerent while in transit to another. The penalty
traditionally imposed by belligerents on neutral carriers engaged in commercial traffic with the enemy consists of confiscation
of cargoes. By the Declaration of London this was extended to include condemnation of the carrying vessel, provided that more
than half the cargo was contraband. The right of warring nations to sink neutral ships transporting contraband is not recognized
in international law, but this practice was initiated by Germany in World War I and was often resorted to by the Axis Powers in
World War II.
American Civil War
Contraband during the American
Civil War was a term used to draw a legal distinction and describe runaway slaves encountered by Union soldiers. The term was first used by Brigadier General
Benjamin Butler, commander of Fort
Monroe near Hampton, Virginia, and gained broad usage during and after the war.
Their status of "contraband" also freed those runaway slaves from doing manual labor for the Union. Many voluntarily served in
the United States Colored Troops (USCT) of the Union Army. The
Grand Contraband Camp in Elizabeth City County near Fort Monroe was the first self-contained community of
African Americans, although other contraband camps soon developed elsewhere.
- See also: Grand Contraband Camp and
United States Colored Troops
Sources and References
(incomplete)
This entry is from Wikipedia, the leading user-contributed encyclopedia. It may not have been reviewed by professional editors (see full disclaimer)
