During the Spanish-American War, the United States Navy seized two commercial fishing ships sailing from Havana. The unarmed ships were owned by a Spanish citizen living in Cuba and sailed under Spanish flags. The owners were unaware of the hostilities between the United States and Spain and of the U.S. blockade of Cuba. The fishing ships were sold by the Navy in Florida as "prizes of war." Their original owner sued for damages in U.S. District Court. The court upheld the seizure and the owner appealed.
1. Under what conditions is customary international law a part of U.S. domestic law?
2. Which international norm or custom applies to this dispute?