S.S. "Wimbledon" Case: Case of The S.S. "Wimbledon", Britain Et Al. v. Germany, (1923) PCIJ Series A01 Is
S.S. "Wimbledon" Case: Case of The S.S. "Wimbledon", Britain Et Al. v. Germany, (1923) PCIJ Series A01 Is
"Wimbledon" case
Case of the S.S. "Wimbledon", Britain et al. v. Germany, (1923) PCIJ Series A01 is
a judgment of the Permanent Court of International Justice, rendered on August 17th, 1923.
The case primarily dealt with issues pertaining to attributes of sovereignty, treaty
obligations qua internal law, and the jurisprudence related to international canals.
Background
An English steamship, the "Wimbledon", was time-chartered by a French Company, Les
Affréteurs réunis, which was based in Paris. According to the terms of the charter, the vessel
had taken on board at Salonica 4,200 tons of munitions and artillery stores consigned to the
Polish Naval Base at Danzig. On March 21, 1921, "Wimbledon" arrived at the Kiel Canal, but
the Director of Canal Traffic refused permission to pass through by basing his refusal upon the
neutrality orders issued by Germany in connection with the Russo-Polish war. The French
Ambassador at Berlin requested the German government to withdraw the prohibition and to
allow Wimbledon" to pass through the Kiel Canal, in conformity with Article 380 of the Treaty
of Versailles. The German government replied that it would not allow a vessel with a cargo of
munitions and artillery stores consigned to the Polish Military Mission at Danzig, to pass
through the canal, as the German Neutrality Orders prohibited the transit of cargoes of this
kind destined for Poland or Russia, and Article 380 of the Treaty of Versailles was not an
obstacle to the application of sucb orders to the Kiel Canal. The "Société des Affréteurs
réunis" telegraphed to the captain of the S.S. "Wimbledon", ordering him to continue his
voyage by the Danish Straits. The vessel weighed anchor on April 1 and, proceeding by
Skagen, reached Danzig, its port of destination on April 6; it had been detained for eleven
days, and had taken two extra days for its deviation.[1]
The British, French, Italian and Japanese governments brought the action that was heard
from January 16, 1923 to August 17, 1923.
The court considered Articles 380 to 386 of the Treaty of Versailles and Articles 2 and 7 of
the Hague Convention of 1907 .
Decision
The court first had to consider Poland’s application to intervene, which it allowed.[2]
It then considered the substantive issue in the case and found that Germany was perfectly
free to regulate its neutrality in the war. However, it found that the canal had ceased to be
an internal navigable waterway of Germany. Germany thus had a definite duty of allowing
the passage of the “Wimbledon” through the Kiel Canal, and its neutrality did not oblige the
prohibition of allowing the passage.
Judges Anzilotti, Huber and Schüking, dissented.