The "Carthage": Compromis fr

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Compromis of Arbitration relating to the capture and temporary seizure of the French mail steamer “Carthage”. Signed in Paris, March 6, 1912^[1]

COMPROMIS

The Government of the French Republic and the Royal Italian Government having agreed on January 26, 1912,^[2] in accordance with the arbitration convention of December 25, 1903, renewed on December 24, 1908, to refer to an arbitral tribunal the examination of the capture and temporary seizure of the French mail steamer “Carthage” by the Italian naval authorities, as well as the task of pronouncing upon the consequences which flow therefrom,

The undersigned duly authorized for that purpose have agreed upon the following compromis:

ARTICLE 1.

An arbitral tribunal, constituted as hereafter stated, is charged with the decision on the following questions:

1. Were the Italian naval authorities within their rights in proceeding as they did to the capture and temporary seizure of the French mail steamer “Carthage”?

2. What pecuniary or other consequences ought to follow from the decision given upon the preceding question?

ARTICLE 2.

The Tribunal shall be composed of five Arbitrators whom the two Governments shall choose from among the members of the Permanent Court of Arbitration at The Hague, designating which of these shall perform the duties of President.

ARTICLE 3.

On June 15, 1912, each Party shall deposit with the Bureau of the Permanent Court of Arbitration fifteen copies of its memorial, with duly certified copies of all documents and exhibits which it proposes to put in evidence in the case.

The Bureau will undertake without delay to forward them to the Arbitrators and to the Parties, that is two copies for each Arbitrator, three copies for the opposing Party; two copies will remain in the archives of the Bureau.

On August 15, 1912 each Party will deposit in the same manner as above its counter-memorial with the documents in support thereof and its final conclusions.

ARTICLE 4.

Each Party shall deposit with the Bureau of the Permanent Court of Arbitration at The Hague at the same time as its memorial as security a sum which shall be fixed by common agreement.

ARTICLE 5.

The Tribunal shall meet at The Hague, at the summons of the President, in the second half of the month of September, 1912.^[3]

ARTICLE 6.

Each Party shall be represented by an Agent whose task is to serve as an intermediary between it and the Tribunal.

The Tribunal may, if it thinks necessary, call upon one or the other of the Agents to furnish it with oral or written explanations to which the Agent of the opposite Party shall have the right to reply.

ARTICLE 7.

The language of the Tribunal is French. Each Party may make use of its own language.

ARTICLE 8.

The award of the Tribunal shall be given with as little delay as possible, and in any case within thirty days after the conclusion of the arguments. This period may, however, be extended on the request of the Tribunal and by the consent of the Parties.

ARTICLE 9.

The Tribunal has the right to determine the conditions of the performance of its award.

ARTICLE 10.

As to what is not provided for in this present compromis, the provisions of The Hague Convention of October 18, 1907 for the Pacific Settlement of International Disputes shall be applicable to the present arbitration.

Done in duplicate at Paris, March 6, 1912.

Signed: L. RENAULT
Signed: G. FUSINATO

^{1   Translated from French into English, based on the version in GEORGE GRAFTON WILSON, THE HAGUE ARBITRATION CASES (1915).
2^{JOINT NOTE OF THE FRENCH AMBASSADOR AND THE ITALIAN MINISTER OF FOREIGN AFFAIRS CONCERNING THE SETTLEMENT OF THE QUESTIONS ARISING OUT OF THE ARREST OF THE FRENCH STEAMERS “CARTHAGE” AND “MANOUBA”

January 26, 1912}
^{The Ambassador of France and the Minister of Foreign Affairs of Italy, having investigated in the most friendly spirit the circumstances which preceded and followed the arrest and search by an Italian cruiser of two French steamers proceeding from Marseilles to Tunis, are happy to report, in thorough accord and before every other consideration, that there has not resulted therefrom on the part of either of the two countries any attitude contrary to the sentiments of sincere and constant friendship which unite them.

This fact has led the two Governments to decide without difficulty:

        1. That the questions arising from the capture and temporary arrest of the steamer “Carthage” shall be referred for examination to the Court of Arbitration at The Hague under the Franco-Italian arbitration convention of December 23, 1903, renewed on December 24, 1908.

        2. That as regards the seizure of the steamer “Manouba” and of the Ottoman passengers who were on board, this action having been taken according to the Italian Government by virtue of the rights which it declares it possesses under the general principles of international law and under Article 47 of the Declaration of London of 1909, the special circumstances under which this action was taken and the consequences flowing therefrom shall likewise be submitted for examination to the high jurisdiction established at The Hague; that, in order to restore the statu quo ante, as regards the seized Ottoman passengers, these latter shall be delivered to the French consul at Cagliari, that they may be taken back under his care to the place of embarcation, under the responsibility of the French Government, which shall take the necessary measures to prevent Ottoman passengers not belonging to the “Red Crescent” but to fighting forces, from sailing from a French port to Tunis or to the scene of military operations.

3   Adjourned to March 1913.}}