From Isolation to Leadership, Revised: A Review of American Foreign PolicyLatané, John Holladay
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From Isolation to Leadership, Revised: A Review of American Foreign Policy
Latané, John Holladay
United States -- Foreign relations
The destruction of enemy prizes at sea is recognized by international
law under exceptional circumstances and subject to certain definite
restrictions, but an unlimited right of destruction even of enemy
merchant vessels had never been claimed by any authority on
international law or by any government prior to the German decree. The
destruction of neutral prizes, though practised by some governments,
has not been so generally acquiesced in, and when resorted to has been
attended by an even more rigid observance of the rules designed to
safeguard human life. Article 48 of the Declaration of London provided
that, "A captured neutral vessel is not to be destroyed by the captor,
but must be taken into such port as is proper in order to determine
there the rights as regards the validity of the capture."
Unfortunately Article 49 largely negatived this statement by leaving
the whole matter to the discretion of the captor. It is as follows:
"As an exception, a neutral vessel captured by a belligerent ship, and
which would be liable to condemnation, may be destroyed if the
observance of Article 48 would involve danger to the ship of war or to
the success of the operations in which she is at the time engaged."
The next article provided the following safeguards: "Before the
destruction the persons on board must be placed in safety, and all the
ship's papers and other documents which those interested consider
relevant for the decision as to the validity of the capture must be
taken on board the ship of war."
The Declaration of London was freely criticised for recognizing an
unlimited discretionary right on the part of a captor to destroy a
neutral prize. Under all the circumstances the main grievance against
Germany was not that she destroyed prizes at sea, but that she utterly
ignored the restrictions imposed upon this right and the rules designed
to safeguard human life.
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