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 Austrian Government is therefore of opinion that its former
assurance to the Washington Cabinet could not be held to apply to
armed merchant vessels, since these, according to the legal standards
prevailing, whereby hostilities are restricted to organised military
forces, must be regarded as privateers (freebooters) which are liable
to immediate destruction. History shows us that, according to the
_general_ law of nations, merchant vessels have never been justified
in resisting the exercise by warships of the right of taking prizes.
But even if a standard to this effect could be shown to exist, it
would not mean that the vessels had the right to provide themselves
with guns. It should also be borne in mind that the arming of merchant
ships must necessarily alter the whole conduct of warfare at sea, and
that such alteration cannot correspond to the views of those who seek
to regulate maritime warfare according to the principles of humanity.
As a matter of fact, since the practice of privateering was
discontinued, until a few years back no Power has ever thought of
arming merchant vessels. Throughout the whole proceedings of the
second Peace Conference, which was occupied with all questions of the
laws of warfare at sea, not a single word was ever said about the
arming of merchant ships. Only on one occasion was a casual
observation made with any bearing on this question, and it is
characteristic that it should have been by a British naval officer of
superior rank, who impartially declared: "Lorsqu'un navire de guerre
se propose d'arreter et de visiter un vaisseau marchand, le
commandant, avant de mettre une embarcation a la mer, fera tirer un
coup de canon. Le coup de canon est la meilleure garantie que l'on
puisse donner. _Les navires de commerce n'ont pas de canons a bord._"
(When a warship intends to stop and board a merchant vessel the
commander, before sending a boat, will fire a gun. The firing of a gun
is the best guarantee that can be given. _Merchant vessels do not
carry guns._)
Nevertheless, Austria-Hungary has in this regard also held by its
assurance; in the circular verbal note referred to neutrals were
cautioned beforehand against entrusting their persons or their goods
on board any armed ship; moreover, the measures announced were not put
into execution at once, but a delay was granted in order to enable
neutrals already on board armed ships to leave the same. And, finally,
the Austro-Hungarian warships are instructed, even in case of
encountering armed enemy merchant vessels, to give warning and to
provide for the safety of those on board, provided it seems possible
to do so in the circumstances.
Public-domain text, read in full here on John Shaqi.
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