For each group of belligerents, indeed, the enemy's commerce warfare
assumed a vital significance. "No German success on land," declares
the conservative British Annual Register for 1919, "could have
ruined or even very gravely injured the English-speaking powers.
The success of the submarine campaign, on the other hand, would
have left the United States isolated and have placed the Berlin
Government in a position to dominate most of the rest of the world."
"The war is won for us," declared General von Hindenburg on July 2,
1917, "if we can withstand the enemy attacks until the submarine
has done its work."
Commerce warfare at once involves a third party, the neutral; and
it therefore appears desirable, before tracing the progress of
this warfare, to outline briefly the principles of international
law which, by a slow and tortuous process, have grown up defining
the respective rights of neutrals and belligerents in naval war.
_Blockade_ is among the most fundamental of these rights accorded
to the belligerent, upon the conditions that the blockade shall be
limited to enemy ports or coasts, confined within specified limits,
and made so effective as to create evident danger to traffic. It
assumes control of the sea by the blockading navy, and, before the
days of mines and submarines, it was enforced by a cordon of ships
off the enemy coast. A blockade stops direct trade or intercourse
of any kind.
Whether or not a blockade is established, a belligerent has the
right to attempt the prevention of _trade in contraband_. A neutral
nation is under no obligation whatever to restrain its citizens from
engaging in this trade. In preventing it, however, a belligerent
warship may stop, visit, and search any merchant vessel on the
high seas. If examination of the ship's papers and search show
fraud, contraband cargo, offense in respect to blockade, enemy
ownership or service, the vessel may be taken as a prize, subject
to adjudication in the belligerent's prize courts. The right of
merchant vessels to carry defensive armament is well established;
but resistance justifies destruction. Under certain circumstances
prizes may be destroyed at sea, after removal of the ship's papers
and full provision for the safety of passengers and crew.
Public-domain text, read in full here on John Shaqi.
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