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)
The Proclamation just issued still answers to my description of that of
1904, as consisting of seven parts--viz.: (1) A recital of neutrality;
(2) a command to subjects to observe a strict neutrality, and to abstain
from contravention of the laws of the realm or the Law of Nations in
relation thereto; (3) a recital of the Foreign Enlistment Act, 1870; (4)
a command that the statute be obeyed, upon pain of the penalties thereby
imposed, and of "Our high displeasure"; (5) a warning to observe the
duties of neutrality and to respect the exercise of belligerent rights;
(6) a further warning that any persons presuming, in contempt of the
Proclamation, to do acts in derogation of their duty as subjects of a
neutral Power, or of the Law of Nations, will incur the penalties
denounced by such law; (7) a notice that persons so misconducting
themselves will obtain no protection from their Sovereign.
With the phraseology of No. 1, reciting British neutrality, and Nos.
2-5, dealing with the duties of British subjects under the Foreign
Enlistment Act of 1870, and constituting the bulk of the Proclamation,
little serious fault can be found. It is well that such persons should
be warned of the penalties which they may incur, including the Royal
displeasure.
The remaining two clauses relate, however, to matters of a totally
different character from those previously mentioned, and care should
therefore have been taken, but has not been taken, to make this
perfectly clear. I would further remark upon these clauses: (1) That I
agree with Mr. Bowles in regretting the omission here of the specific
mention made in 1904 of "breach of blockade," "carriage of contraband,"
&c., as specimens of the acts undoubtedly contemplated in these two
clauses; (2) that it is a mistake to describe acts of this kind as being
in derogation of "the duty of subjects of a neutral Power," or "in
violation of the Law of Nations," or as "liable to the penalties
denounced by such law." Carriage of contraband, and acts of the same
class, are notoriously not condemned by English law, neither are they,
in any proper sense, breaches of the Law of Nations, which, speaking
scientifically, never deals with individuals, as such, but only with the
rights and duties of States _inter se_. What the Law of Nations really
does is, as I said in 1904, "to define the measures to which a
belligerent may resort for the suppression of such acts, without laying
himself open to remonstrance from the neutral Government to which the
traders implicated owe allegiance"; (3) that on the other hand, I am
glad to find that, in accordance with my suggestion, while it continues
very properly to be stated that persons doing the acts under discussion
"will in no wise obtain any protection from Us against such capture,
&c.," the further statement that such persons "will, on the contrary,
incur Our high displeasure by such misconduct," has now been with equal
propriety omitted.
Public-domain text, read in full here on John Shaqi.
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