Prize is a term used in
admiralty law to refer to
equipment,
vehicles, and
vessels captured during armed
conflict. The most common use of prize in this sense is the capture
of an enemy
ship and its
cargo as a
prize of war.
In the past, it was common that the capturing force would be
allotted a share of the
worth of the
captured prize. Nations often granted
letters of marque which would entitle
private parties to capture enemy
property,
usually ships. Once the ship was secured on friendly territory, it
would be made the subject of a prize case, an
in rem proceeding in which the court determined
the status of the condemned property and the manner in which it was
to be disposed of. Due to changes in the
laws of war and the nature of
warfare in general, prize
litigation is very rare or nonexistent today. For
example, the German
commerce
raiding during
World War I obtained
several ships as prizes.
There have been several abortive attempts to form an
International Prize Court to hear
appeals regarding captures of prizes.
Municipal law
United States
Prize
law under United States
municipal law is codified at .
As noted above, due to
changes in the nature of naval
warfare, the U.S.
courts have
not tried any prize cases under these statutes.
See also
Notes
- Lehmann Chapter
VI
- http://www1.umn.edu/humanrts/instree/1907k.htm
- http://www.law.cornell.edu/uscode/10/7651.html