Letters to "The Times" upon War and Neutrality (1881-1920)Holland, Thomas Erskine
History
Letters to "The Times" upon War and Neutrality (1881-1920)
Holland, Thomas Erskine
Neutrality; War (International law)
I. A neutral State is bound to prevent its territory from
becoming, in any way, a "base of operations" for either
belligerent. Of the various obligations thus arising, the
following letters deal with the duty of the State (1) to
prevent the departure from its ports of vessels carrying coal
intended to supply directly the needs of a belligerent fleet;
and (2) to prevent the reception accorded in its ports to
belligerent warships from being such as will unduly facilitate
their subsequent operations. It is pointed out that the rule
adopted by the United States and this country, as well as by
some others, when neutral, by which the stay of belligerent
warships is limited to twenty-four hours, has not been adopted
by the nations of the European continent. The attempt made at
The Hague Conference of 1907 to secure the general acceptance
of this rule was unsuccessful; and Convention No. xiii. of that
year, not yet ratified by Great Britain, which deals with this
subject, merely lays down, in Art. 12, that "_In the absence of
special provisions to the contrary in the legislation of a
neutral Power_, belligerent warships are not permitted to
remain in the ports, roadsteads, or territorial waters of the
said Power for more than twenty-four hours, except in the cases
covered by this Convention." Art. 27 obliges the contracting
Powers to "communicate to each other in due course all laws,
proclamations, and other enactments, regulating in their
respective countries the _Status_ of belligerent warships in
their ports laid waters."
II. A neutral State is not bound to prevent such assistance
being rendered by its subjects to either belligerent as is
involved in, e.g. blockade-running or carriage of contraband;
but merely to acquiesce in the loss and inconvenience which may
in consequence be inflicted by the belligerents upon persons so
acting. In order to explain this statement, it became necessary
to say much as to the true character of "carriage of
contraband" (although this topic is more specifically dealt
with in the letters contained in Section 5), and to point out
that such carriage is neither a breach of international law nor
forbidden by the law of England. For the same reason, it seemed
desirable to criticise some of the clauses now usually inserted
in British Proclamations of Neutrality.
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