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    The Paquete Habana

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    Benedict Alvarez
    The Paquete Habana and Lola were two fishing vessels captured by the US during the Spanish-American War as part of a blockade of Cuba. The owners appealed, citing an international law tradition exempting fishing vessels from capture during war if they are unarmed and pursuing peaceful fishing. The Supreme Court ruled that coastal fishing vessels engaged in catching and transporting fish are exempt from seizure as prizes of war under international law. It ordered the proceeds of the vessels' sales be returned to their owners, with damages and costs, as their capture was unlawful.

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    The Paquete Habana

    Uploaded by

    Benedict Alvarez
    51 views2 pages
    The Paquete Habana and Lola were two fishing vessels captured by the US during the Spanish-American War as part of a blockade of Cuba. The owners appealed, citing an international law tradition exempting fishing vessels from capture during war if they are unarmed and pursuing peaceful fishing. The Supreme Court ruled that coastal fishing vessels engaged in catching and transporting fish are exempt from seizure as prizes of war under international law. It ordered the proceeds of the vessels' sales be returned to their owners, with damages and costs, as their capture was unlawful.

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    13. THE PAQUETE HABANA.docx

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    The Paquete Habana and Lola were two fishing vessels captured by the US during the Spanish-American War as part of a blockade of Cuba. The owners appealed, citing an international law tradition exempting fishing vessels from capture during war if they are unarmed and pursuing peaceful fishing. The Supreme Court ruled that coastal fishing vessels engaged in catching and transporting fish are exempt from seizure as prizes of war under international law. It ordered the proceeds of the vessels' sales be returned to their owners, with damages and costs, as their capture was unlawful.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    51 views2 pages

    The Paquete Habana

    Uploaded by

    Benedict Alvarez
    The Paquete Habana and Lola were two fishing vessels captured by the US during the Spanish-American War as part of a blockade of Cuba. The owners appealed, citing an international law tradition exempting fishing vessels from capture during war if they are unarmed and pursuing peaceful fishing. The Supreme Court ruled that coastal fishing vessels engaged in catching and transporting fish are exempt from seizure as prizes of war under international law. It ordered the proceeds of the vessels' sales be returned to their owners, with damages and costs, as their capture was unlawful.

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    © All Rights Reserved
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    of 2

    13.THE PAQUETE HABANA, 175 U.S.

    677 (1900)

    Facts: In April 1898 two fishing vessels, the Paquete Habana and the Lola, separately left Cuban
    ports in Havana in order to fish. The two vessels were eventually captured by US merchant vessels
    as part of Admiral William T. Sampson's blockade of Cuba, who was ordered to execute the
    blockade 'in pursuance of the laws of the United States, and the law of nations applicable to such
    cases.' The vessels were placed within Cuba's territorial waters at the onset of the Spanish–
    American War and then taken to Key West, where both vessels were eventually auctioned by the
    district court. Both vessels were valued under the price of $2,000(US) and were thus not originally
    thought to be exempt from seizure.

    Admiral Sampson justified the seizures by stating that most fishing vessels, flying under the
    Spanish banner were manned by excellent seamen, "liable for further service" as naval reserves,
    an asset that could eventually be used against US interests in the Spanish–American War.

    The owners of the vessels however made an appeal to the circuit courts, citing a long-held
    tradition by nations of exempting fishing vessels from prize capture in times of war. This
    "tradition", a primary example of customary international law, dates back from an order by Henry
    IV in 1403, and has more or less been observed by a large majority of States ever since.
    At the time of capture both vessels had no evidence of aiding the enemy, and were unaware of
    the US naval blockade. No arms were found on board, and no attempts were made to either run
    the blockade or resist capture.

    Issue: Whether or not the coastal fishing vessels with their cargoes and crews excluded from
    prizes of war?

    Ruling: Yes. Coastal fishing vessels with their cargoes and crews are excluded from prizes of war.
    The doctrine that exempts coastal fishermen with their vessels and crews from capture as prizes
    of war has been known by the U.S. (P) from the time of the War of Independence and has been
    recognized explicitly by the French and British governments. It is an established rule of
    international law that coastal fishing vessels with their equipment and supplies, cargoes and
    crews, unarmed and honestly pursuing their peaceful calling of catching and bringing in fish are
    exempt from capture as prizes of war. Reversed.

    In the case, each vessel was of a moderate size, such as is not unusual in coast fishing smacks,
    and was regularly engaged in fishing on the coast of Cuba. The crew of each were few in number,
    had no interest in the vessel, and received, in return for their toil and enterprise, two thirds of
    her catch, the other third going to her owner by way of compensation for her use. Each vessel
    went out from Havana to her fishing ground, and was captured when returning along the coast
    of Cuba. The cargo of each consisted of fresh fish, caught by her crew from the sea, and kept alive
    on board. Although one of the vessels extended her fishing trip, we cannot doubt that each was
    engaged in the coast fishery, and not in a commercial adventure, within the rule of international
    law.
    The case was adjudged that the capture was unlawful and without probable cause ordered that
    the proceeds of the sale of the vessel, together with the proceeds of any sale of her cargo, be
    restored to the claimant, with damages and costs.

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