Letters to "The Times" upon War and Neutrality (1881-1920)Holland, Thomas Erskine
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Letters to "The Times" upon War and Neutrality (1881-1920)
Holland, Thomas Erskine
Neutrality; War (International law)
I am, Sir, your obedient servant,
T. E. HOLLAND.
The Athenæum, October 9 (1911).
THE PROCLAMATION OF NEUTRALITY
Sir,--May I be allowed to point out that two questions arise upon the
recent British Proclamation of Neutrality which were not, as they should
have been, in the House of Commons last night, kept entirely distinct?
The Government has surely done right in now omitting, as I suggested in
1904, with reference to certain classes of acts which are prohibited
neither by English nor by International Law, a phrase announcing that
the doers of them would incur the King's "high displeasure"; while
retaining the warning that doers of such acts must be prepared for
consequences from which their own Government will not attempt to shield
them.
On the other hand, our Government has surely erred in not specifying, as
in previous Proclamations, the sort of acts to which this warning
relates--viz., to acts such as carriage of contraband, enemy service,
and breach of blockade, which differ wholly in character from those
violations of the Foreign Enlistment Act against which the bulk of the
Proclamation is directed. As the Proclamation now stands, no clear
transition is marked between breaches of English law and the unspecified
acts which, though perfectly legal, will forfeit for the doers of them
any claim to British protection from the consequences involved. Traders
are left to find out as best they may the meaning of the general words
"any acts in derogation of their duty as subjects of a neutral Power."
I am, Sir, your obedient servant,
T. E. HOLLAND.
Oxford, October 31 (1911).
* * * * *
SECTION 4
_Neutral Hospitality_
The Hague Convention of 1907, No. xiii., not yet ratified by
Great Britain, suggests in Art. 12, with reference to the
question here raised, that "à défaut d'autres dispositions
spéciales de la législation de la Puissance neutre, il est
interdit aux navires de guerre des belligérants de demeurer
dans les ports et rades ou dans les eaux territoriales de la
dite Puissance pendant plus de 24 heures sauf dans les cas
prévues par la présente Convention."
BELLIGERENT FLEETS IN NEUTRAL WATERS
Sir,--A novel question as to belligerent responsibilities would be
suggested for solution if, as seems to be reported in Paris, Admiral
Rozhdestvensky over-stayed his welcome in the waters of Madagascar,
although ordered to leave them by his own Government in compliance with
"pressing representations" on the part of the Government of France.
Public-domain text, read in full here on John Shaqi.
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