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
The reprisals ordered by Great Britain in the case of Don Pacifico are
an illustrative example of unjustified reprisals, because no
international delinquency was committed. In 1847 a riotous mob, aided by
Greek soldiers and gendarmes, broke into and plundered the house of Don
Pacifico, a native of Gibraltar and an English subject living at Athens.
Great Britain claimed damages from Greece without previous recourse by
Don Pacifico to the Greek Courts. Greece refused to comply with the
British claim, maintaining correctly that Don Pacifico ought to
institute an action for damages against the rioters before the Greek
Courts. Great Britain continued to press her claim, and finally in 1850
blockaded the Greek coast and ordered, by way of reprisal, the capture
of Greek vessels. The conflict was eventually settled by Greece paying
£150 to Don Pacifico. It is generally recognised that England had no
right to act as she did in this case. She could have claimed damages
directly from the Greek Government only after the Greek Courts had
denied satisfaction to Don Pacifico.[35]
[Footnote 35: See above, vol. I. § 167. The case is reported with all
its details in Martens, _Causes Célèbres_, V. pp. 395-531.]
[Sidenote: Reprisals, by whom performed.]
§ 36. Acts of reprisal may nowadays be performed only by State organs
such as armed forces, or men-of-war, or administrative officials, in
compliance with a special order of their State. But in former times
private individuals used to perform acts of reprisal. Such private acts
of reprisal seem to have been in vogue in antiquity, for there existed a
law in Athens according to which the relatives of an Athenian murdered
abroad had, in case the foreign State refused punishment or extradition
of the murderer, the right to seize and to bring before the Athenian
Courts three citizens of such foreign State (so-called ἀνδροληψία).
During the Middle Ages, and even in modern times to the end
of the eighteenth century, States used to grant so-called "Letters
of Marque" to such of their subjects as had been injured abroad either
by a foreign State itself or its citizens without being able to get
redress. These Letters of Marque authorised the bearer to acts of
self-help against the State concerned, its citizens and their property,
for the purpose of obtaining satisfaction for the wrong sustained. In
later times, however, States themselves also performed acts of reprisal.
Thereby acts of reprisal on the part of private individuals fell more
and more into disuse, and finally disappeared totally with the end of
the eighteenth century. The distinction between general and special
reprisals, which used formerly to be drawn, is based on the fact that in
former times a State could either authorise a single private individual
to perform an act of reprisal (_special_ reprisals), or command its
armed forces to perform all kinds of such acts (_general_ reprisals).
The term "General Reprisals" is by Great Britain nowadays used for the
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