International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second EditionOppenheim, L. (Lassa)
History
International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second Edition
Oppenheim, L. (Lassa)
International law
(4) The Report of the Commission is to be signed by all its members; but
if a member refuses to sign, the fact is to be mentioned, and the
validity of the Report is not thereby affected (article 33). The Report
of the Commission is read in open Court, the Agents and Counsel of the
parties being present or duly summoned to attend; a copy of the Report
is furnished to each party (article 34). This Report is absolutely
limited to a statement of the facts, it has in no way the character of
an Arbitral Award, and it leaves to the parties entire freedom as to the
effect to be given to the statement of the facts (article 35).
(5) Each party pays its own expenses and an equal share of the expenses
of the Commission (article 36).
[Footnote 7: See Herr, _Die Untersuchungskommissionen der Haager
Friedenskonferenzen_ (1911); Meurer, I. pp. 129-165; Higgins, pp.
167-170; Lémonon, pp. 77-91: Wehberg, _Kommentar_, pp. 21-46; Nippold,
I. pp. 23-35; Scott, _Conferences_, pp. 265-273; Politis in _R.G._ XIX.
(1912), pp. 149-188.]
[Footnote 8: On October 24, 1904, during the Russo-Japanese war, the
Russian Baltic fleet, which was on its way to the Far East, fired into
the Hull fishing fleet off the Dogger Bank, in the North Sea, whereby
two fishermen were killed and considerable damage was done to several
trawlers. Great Britain demanded from Russia not only an apology and
ample damages, but also severe punishment of the officer responsible for
the outrage. As Russia maintained that the firing was caused by the
approach of some Japanese torpedo-boats, and that she could therefore
not punish the officer in command, the parties agreed upon the
establishment of an International Commission of Inquiry, which, however,
was charged not only to ascertain the facts of the incident but also to
pronounce an opinion concerning the responsibility for the incident and
the degree of blame attaching to the responsible persons. The Commission
consisted of five naval officers of high rank--namely, one British, one
Russian, one American, one French, and one Austrian, who sat at Paris in
February 1905. The report of the Commission states that no torpedo-boats
had been present, that the opening of fire on the part of the Baltic
fleet was not justifiable, that Admiral Rojdestvensky, the commander of
the Baltic fleet, was responsible for the incident, but that these facts
were "not of a nature to cast any discredit upon the military qualities
or the humanity of Admiral Rojdestvensky or of the _personnel_ of his
squadron." In consequence of the last part of this report Great Britain
could not insist upon any punishment to be meted out to the responsible
Russian Admiral, but Russia paid a sum of £65,000 to indemnify the
victims of the incident and the families of the two dead fishermen. See
Martens, _N.R.G._ 2nd Ser. XXXIII. (1906), pp. 641-716, And Mandelstam
in _R.G._ XII. (1905), pp. 161 and 351.]
[Sidenote: Effect of Negotiation.]
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