In the World WarCzernin von und zu Chudenitz, Ottokar Theobald Otto Maria, Graf
History
In the World War
Czernin von und zu Chudenitz, Ottokar Theobald Otto Maria, Graf
Austria -- Politics and government -- 1867-1918; World War, 1914-1918
The obligation as to issuing a warning immediately before sinking a
vessel will, in the view of the Austrian Government on the one hand,
involve hardships otherwise avoidable, while, on the other, it may in
certain circumstances be calculated to prejudice the rightful
interests of the belligerent. In the first place it cannot be denied
that saving lives _at sea_ is nearly always a matter of blind
uncertainty, since the only alternatives are to leave them on board a
vessel exposed to the operations of the enemy, or to take them off in
small boats to face the dangers of the elements. It is, therefore,
far more in accordance with the dictates of humanity _to restrain
people from venturing upon vessels thus endangered by warning them
beforehand_. For the rest, however, the Austrian Government is not
convinced, despite careful consideration of all legal questions
concerned, that the subjects of neutral countries have any claim to
immunity when travelling on board enemy ships.
The principle that neutrals shall also in time of war enjoy the
freedom of the seas extends only to neutral vessels, not to neutral
persons on board enemy ships, since the belligerents are admittedly
justified in hampering enemy traffic at sea as far as lies in their
power. Granted the necessary military power, they can, if deemed
necessary to their ends, forbid enemy merchant vessels to sail the
sea, on pain of instant destruction, as long as they make their
purpose known beforehand so that all, whether enemy or neutral, _are
enabled to avoid risking their lives_. But even where there is doubt
as to the justification of such proceeding, and possible reprisals
threatened by the opposing side, the question would remain one to be
decided between the belligerents themselves alone, they being
admittedly allowed the right of making the high seas a field for their
military operations, of suppressing any interruption of such
operations and supremely determining what measures are to be taken
against enemy ships. The neutrals have in such case no legitimate
claims beyond that of demanding that due notice be given them of
measures contemplated against the enemy, in order that they may
refrain from entrusting their persons or goods to enemy vessels.
Public-domain text, read in full here on John Shaqi.
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