§ 453. According to article 1 of the Protocol, those signatory or acceding Powers of Convention XII. which are prevented by difficulties of a constitutional nature from accepting the Convention in its unaltered form, have, in ratifying the Convention or acceding to it, the right to declare that in prize cases over which their National Courts have jurisdiction, recourse to the International Prize Court may only be had in the form of an action in damages for the injury caused by the capture. In consequence thereof the procedure in the International Prize Court, as described above, §§ 448-451, takes place with the following modifications:—
(1) The action for damages may only be brought before the International Prize Court by means of a written or telegraphic declaration addressed to the International Bureau (article 5). This Bureau must directly notify, if possible by telegraph, the Government of the belligerent captor, which, without considering whether the prescribed periods of time have been observed, must within seven days of the receipt of the notification, transmit to the International Bureau the case and a certified copy of the decision, if any, rendered by the National Prize Court (article 6).
(2) The International Prize Court does not, as in Appeal Cases, pronounce upon the validity or nullity of the capture concerned, nor confirm or reverse the judgment of the National Prize Court, but simply fixes the amount of damages to be allowed, if any, to the plaintiff, if the capture is considered to be illegal (article 3).
(3) After having delivered judgment, the International Prize Court does not transmit the record of the case, the various decisions arrived at, and the minutes, to the National Prize Court, but directly to the Government of the belligerent captor (article 7).
APPENDICES
APPENDIX I DECLARATION OF PARIS OF 1856
Les Plénipotentiaires qui ont signé le Traité de Paris du trente mars, mil huit cent cinquante-six, réunis en Conférence,—
Considérant:
Que le droit maritime, en temps de guerre, a été pendant longtemps l'objet de contestations regrettables;