AGREEMENT FOR INQUIRY Convention of Inquiry in the “Tavignano," "Camouna" and "Gaulois” Cases.-Signed at Rome, May 20, 1912.1 The Government of the French Republic and the Royal Italian Government, equally desirous of settling the dispute caused by the capture and temporary detention of the French mail steamer Tavignano, on January 25, 1912, by the Royal Italian naval vessel Fulmine, as well as the firing upon the mahones Camouna and Gaulois, on January 25, 1912, by the Italian torpedo boat Canopo; Have resolved, conformably to Part III of the Hague Convention of October 18, 1907, for the pacific settlement of international disputes, to confide to an international commission of inquiry the task of clearing up the actual circumstances under which the said capture and detention, and the said firing took place; And have, to this end, agreed upon the following provisions: ARTICLE 1 An international commission of inquiry, composed as hereinafter stipulated, is entrusted: I. To investigate, mark and determine the exact geographic point where occurred: (1) the capture of the French mail steamer Tavignano by the Royal Italian naval vessel Fulmine, on January 25, 1912; (2) the pursuit of the mahones Camouna and Gaulois by the same vessel and also by the Royal Italian naval vessel Canopo, and the firing by the latter upon the said mahones; II. To determine exactly the hydrography, configuration and nature of the coast and of the neighboring banks, the distance between any points which one or the other of the commissioners might deem useful to mark, and the distance from these points to those where the abovementioned deeds occurred; III. To make a written report of the result of its investigation. ARTICLE 2 The international commission of inquiry shall be composed of three commissioners, of which two shall be national naval officers of France Translation. For the original French text, see Appendix, p. 617. and Italy, of a rank at least equal to that of captain. The Government of His Britannic Majesty shall be asked to choose the third commissioner from among his naval officers, of a higher or the highest rank. The latter shall assume the office of president. Two secretaries shall be appointed, one by the Government of the French Republic and the other by the Royal Italian Government, as registrars of the commission, and they shall assist it in its operations. ARTICLE 3 The international commission of inquiry shall be qualified to secure all information, interrogate and hear all witnesses, to examine all papers on board either of the said ships, vessels and mahones, to proceed, if necessary, with sounding, and, in general, to resort to all sources of information calculated to bring out the truth. The two Governments agree in this respect to furnish the commission with all possible means and facilities, particularly those of transportation, to enable it to accomplish its task. ARTICLE 4 The international commission of inquiry shall meet at Malte as soon as possible and shall have the power to change its place of meeting conformably to Article 20 of the Hague Convention of October 18, 1907, for the pacific settlement of international disputes. ARTICLE 5 The French language shall be used by the international commission of inquiry; however, in their deliberations the commissioners may use their respective languages. ARTICLE 6 Within a period not to exceed fifteen days from the date of its first meeting the international commission of inquiry shall arrive at the conclusions of its report and shall communicate them to each of the two Governments. ARTICLE 7 Each party shall pay its own expenses and an equal share of the expenses of the commission. ARTICLE 8 All points not covered by the present convention of inquiry, espe cially those relating to the procedure of inquiry, shall be regulated by the provisions of the Hague Convention of October 18, 1907, for the pacific settlement of international disputes. Done in duplicate, at Rome, May 20, 1912. Signed: CAMILLE BARRÈRE DI SAN GIULIANO ADDITIONAL DOCUMENTS Agreement between France and Italy relative to the "Tavignano," "Camouna" and "Gaulois" Cases.-Signed at Rome, April 15, 1912.1 The French and Italian Governments have decided to submit to an international commission of inquiry the questions of fact raised: 1. On the subject of the seizure of the French steamer Tavignano by the Italian torpedo boat Fulmine, on January 25, 1912, in the waters of Ras-Zira; 2. On the subject of the cannon shots fired by the torpedo boat Canopo, on the same day and in the same waters, upon the two Tunisian mahones Camouna and Gaulois. After the said commission shall have terminated its investigation, the result shall be transmitted, if it is deemed necessary, to the arbitral tribunal charged with the settling of the Carthage and Manouba affairs, in order that it may decide the question of law, fix the responsibility and determine the moral and material reparation which are due. Rome, April 15, 1912. Signed: CAMIlle Barrère Compromis of arbitration relative to the questions raised on the subject of the seizure of the French steamer "Tavignano” and on the subject of the cannon shots fired by an Italian torpedo boat upon two Tunisian mahones.-Signed at Paris, November 8, 1912.2 The Government of the French Republic and the Royal Italian Government, having agreed, on April 15, 1912: 1. To submit to an international commission of inquiry the questions raised on the subject of the seizure of the French steamer Tavignano 1Translation. For the original French text, see Appendix, p. 621. 21d. This controversy was settled out of court by a special agreement, see post, p. 421. 8 See supra. by the Italian torpedo boat Fulmine on January 25, 1912, in the waters of Raz-Zira and on the subject of the cannon shots fired by the Italian torpedo boat Canopo on the same day and in the same waters, upon the two Tunisian mahones Camouna and Gaulois; 2. To transmit, if necessary, the result of the inquiry to the arbitral tribunal charged with the settling of the Carthage and Manouba affairs, in order that it may decide the question of law, fix the responsibility and determine the moral and material reparation which are due; Having taken recognition of the report presented July 23, 1912, by the said international commission of inquiry; The undersigned, duly authorized for that purpose, have agreed upon the following compromis: ARTICLE 1 The arbitral tribunal charged with the settling of the affairs of the Carthage and Manouba is also authorized to pronounce upon the incidents concerning the seizure of the French steamer Tavignano and the cannon shots fired upon the Tunisian mahones, as well as to decide the questions of law, fix the responsibility and determine the moral and material reparation which are due. ARTICLE 2 In all that concerns the questions of fact raised by the two incidents, the arbitral tribunal must make use of the report presented by the international commission of inquiry of July 23, 1912, as well as the procès-verbaux of the said commission. The said report and procès-verbaux shall be printed at the expense and under the supervision of both parties and with the least possible delay. ARTICLE 3 On January 25, 1913, each party shall deposit with the Bureau of the Permanent Court of Arbitration fifteen copies of its memorial, with certified copies of all documents and papers which it intends to submit in the case. The Bureau shall guarantee their transmission without delay to the arbitrators and parties, to wit: two copies for each arbitrator; three copies for each party; two copies shall remain in the archives of the Bureau. |