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
authorisation of the British fleet to seize in time of war all enemy
ships and goods. Phillimore (III. § 10) cites the following Order in
Council of March 27, 1854: "Her Majesty having determined to afford
active assistance to her ally, His Highness the Sultan of the Ottoman
Empire, for the protection of his dominions against the encroachments
and unprovoked aggression of His Imperial Majesty the Emperor of All the
Russias, Her Majesty is therefore pleased, by and with the advice of Her
Privy Council, to order, and it is hereby ordered, that general
reprisals be granted against the ships, vessels, and goods of the
Emperor of All the Russias, and of his subjects, or others inhabiting
within any of his countries, territories or dominions, so that Her
Majesty's fleets may lawfully seize all ships, vessels, and goods," &c.
[Sidenote: Objects of Reprisals.]
§ 37. An act of reprisal may be performed against anything and
everything that belongs or is due to the delinquent State or its
citizens. Ships sailing under its flag may be seized, treaties concluded
with it may be suspended, a part of its territory may be militarily
occupied, goods belonging to it or to its citizens may be seized, and
the like. Thus in 1895 Great Britain ordered a fleet to land forces at
Corinto and to occupy the custom-house and other Government buildings as
an act of reprisal against Nicaragua; again, in 1901 France ordered a
fleet to seize the island of Mitylene as an act of reprisal against
Turkey; and in 1908 Holland ordered a squadron to seize two public
Venezuelan vessels as an act of reprisal against Venezuela.[36] The
persons of the officials and even of the private citizens of the
delinquent State are not excluded from the possible objects of
reprisals. Thus, when in 1740 the Empress Anne of Russia arrested
without just cause the Baron de Stackelberg, a natural-born Russian
subject, who had, however, become naturalised in Prussia by entering the
latter's service, Frederick II. of Prussia seized by way of reprisal two
Russian subjects and detained them until Stackelberg was liberated. But
it must be emphasised that the only act of reprisal admissible with
regard to foreign officials or citizens is arrest; they must not be
treated like criminals, but like hostages, and under no condition or
circumstance may they be executed or subjected to punishment of any
kind.
[Footnote 36: See above, § 34.]
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