International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second EditionOppenheim, L. (Lassa)
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International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second Edition
Oppenheim, L. (Lassa)
International law
There is no doubt that the stipulations of Convention VIII. are totally
inadequate to secure the safety of neutral shipping, and it is for this
reason that Great Britain added the following reservation in signing the
Convention:--"In placing their signatures to this Convention the British
plenipotentiaries declare that the mere fact that the said Convention
does not prohibit a particular act or proceeding must not be held to
debar His Britannic Majesty's Government from contesting its
legitimacy." It is to be hoped that the Third Peace Conference will
produce a more satisfactory settlement of the problem. The Institute of
International Law studied the matter at its meetings at Paris in 1910
and at Madrid in 1911, and produced a _Règlementation_[362]
_internationale de l'usage des mines sous-marines et torpilles_,
comprising nine articles, of which the more important are the
following:--
(1) It is forbidden to place anchored or unanchored automatic mines in
the Open Sea (the question of the laying of electric contact mines in
the Open Sea being reserved for future consideration).
(2) Belligerents may lay mines in their own and in the enemy's
territorial waters, but it is forbidden (_a_) to lay unanchored
automatic contact mines which do not become harmless one hour at most
after those who laid them have lost control over them; (_b_) to lay
anchored automatic contact mines which do not become harmless as soon as
they have broken loose from their moorings.
(3) A belligerent is only allowed to lay mines off the coasts and ports
of the enemy for naval and military purposes, he is not allowed to lay
them there in order to establish or maintain a commercial blockade.
(4) If mines are laid, all precautions must be taken for the safety of
peaceful navigation, and belligerents must, in especial, provide that
mines become harmless after a limited time has elapsed. In case mines
cease to be under observation the belligerents must, as soon as military
exigencies permit, notify the danger zones to mariners and also to the
Governments through the diplomatic channel.
(5) The question as to the laying of mines in straits is reserved for
future consideration.
(6) At the end of the war each Power must remove the mines laid by it.
As regards anchored automatic contact mines laid by one of the
belligerents off the coasts of the other, their position must be
notified to the other party by the Power which laid them, and each Power
must proceed with the least possible delay to remove the mines in its
own waters. The Power whose duty it is to remove the mines after the war
must make known the date at which the removal of the mines is complete.
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