[§ 105. Vessels]

Vessels may be classed as public, belonging to the state, and private, belonging to citizens of the state.

(a) Public vessels of a belligerent are liable to capture in any port or sea except in territorial waters of a neutral. The following public vessels are, however, exempt from capture unless they perform some hostile act:—

(1) Cartel ships commissioned for the exchange of prisoners.

(2) Vessels engaged exclusively in non-hostile scientific work and in exploration.[320]

(3) Hospital ships, properly designated and engaged exclusively in the care of the sick and wounded.

(b) Private vessels of the enemy are liable to capture in any port or sea except in territorial waters of a neutral. The following private vessels are, however, exempt from capture unless they perform some hostile act:—

(1) Cartel ships.

(2) Vessels engaged in explorations and scientific work.