(2) Neutral individuals,[942] if the judgment injuriously affects their property. But the home State of such an individual may intervene and either forbid him to bring the appeal before the International Prize Court, or itself undertake the proceedings in his place (article 4, No. 2).
(3) Subjects of the enemy, if the judgment injuriously affects their cargoes on neutral vessels, or if it injuriously affects their property in case the seizure is alleged to have been effected in violation, either of the provisions of a convention in force between the belligerent Powers, or of an enactment issued by the belligerent captor (article 4, No. 3).
(4) Subjects of neutral Powers or of the enemy deriving rights from the rights of such individuals as are themselves qualified to bring an appeal before the International Prize Court, provided they have intervened in the proceedings of the National Court or Courts concerned. Individuals so entitled may appeal separately to the extent of their interests (article 5, first paragraph).
(5) Subjects of neutral Powers or of the enemy deriving rights from the rights of a neutral Power whose property was the subject of the judgment. Individuals so entitled may likewise appeal separately to the extent of their interest, provided they have intervened in the proceedings of the National Court or Courts concerned (article 5, second paragraph).
[941] But note article 51 of Convention XII.
[942] See above, [vol. I. § 289], p. 365.
What Law to be applied.
§ 447. As regards the law to be applied by the International Prize Court, article 7 of Convention XII. contains the following provisions and distinctions:—
(1) If a question of law to be decided be covered by a treaty in force between the belligerent captor and a Power which is itself, or whose subject is, a party to the proceedings, the Court must apply the provisions of such treaty.
(2) In absence of such provisions, the Court must apply the rules of International Law.