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)
"That if colliers are chartered for the purpose of attending
the fleet of a belligerent and supplying it with coal, to
enable it to pursue its hostile operations, such colliers
would, to all practical purposes, become store-ships to the
fleet, and would be liable, if within reach, to the operation
of the English law under the (old) Foreign Enlistment Act."
British colliers attendant on a Russian fleet would be so undeniably
aiding and abetting the operations of that fleet as to give just cause
of complaint against us to the Government of Japan. The British shipper
of coal to a belligerent fleet at sea, besides thus laying his
Government open to a charge of neglect of an international duty, lays
himself open to criminal proceedings under the Foreign Enlistment Act of
1870. By section 8 (3) and (4) of that Act "any person within H.M.
Dominions" who (subject to certain exceptions) equips or despatches any
ship, with intent, or knowledge, that the same will be employed in the
military or naval service of a foreign State, at war with any friendly
State, is liable to fine or imprisonment, and to the forfeiture of the
ship. By section 30, "naval service" covers "user as a store-ship," and
"equipping" covers furnishing a ship with "stores or any other thing
which is used in or about a ship for the purpose of adapting her for
naval service." Our Government has, therefore, ample powers for
restraining, in this respect, the use of its territory as a base. It has
no power, had it the wish (except for its own protection, under a
different statute), to restrain the export of contraband of war.
It would tend to clearness of thought if the term "contraband" were
never employed in discussions with reference to prohibition of the
supply of coal to a belligerent fleet at sea.
Your obedient servant,
T. E. HOLLAND.
Oxford, November 7 (1904).
GERMAN WAR MATERIAL FOR TURKEY
Sir,--The _Cologne Gazette_ rightly treats as incredible the rumour,
mentioned by your Sofia Correspondent, that a trainload of munitions of
war had been despatched by the German Government for the use of Turkey,
while admitting that such a consignment may very likely have been
forwarded from private German workshops.
It has long been settled international law that a neutral Government,
while, on the one hand, it is precluded from itself supplying munitions
to a belligerent, is, on the other hand, not bound to prevent private
individuals from so acting. The latter half of this rule has now
received written expression in Art. 7 of The Hague Convention No. v. of
1907, which deals with "Neutral Powers and Persons in War on Land."
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account