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 topic of cable-cutting, as to which the Institut de Droit
International arrived in 1879 at the conclusions set out in the
first of these letters, was again taken into consideration by
the Institut in 1902: see the _Annuaire_ for that year, pp.
301-332.
The Hague Convention; No. iv. of 1907, provides, in Art. 54,
that "submarine cables connecting occupied territory with a
neutral territory shall not be destroyed or seized, unless in
case of absolute necessity. They must be restored, and
compensation must be arranged for them at the peace."
Convention No. v., by Art. 3, forbids belligerents (1) to
install on neutral territory a radio-telegraphic station, or
any other apparatus, for communicating with their land or sea
forces; (2) to employ such apparatus, established by them there
before the war, for purely military purposes. By Art. 5, a
neutral Power is bound to permit nothing of the sort.
SUBMARINE CABLES
Sir,--The possibility of giving some legal protection to submarine
cables has been carefully considered by the Institut de Droit
International. A committee was appointed in 1878 to consider the
subject, and the presentation of its report to the meeting at Brussels
in 1879 was followed by an interesting discussion (see the _Annuaire de
l'Institut_, 1879-80, pp. 351-394). The conclusions ultimately adopted
by the Institut were as follows:--
"1. It would be very useful if the various States would come
to an understanding to declare that destruction of, or injury
to, submarine cables in the high seas is an offence under the
Law of Nations, and to fix precisely the wrongful character
of the acts, and the appropriate penalties. With reference to
the last-mentioned point, the degree of uniformity attainable
must depend on the amount of difference between systems of
criminal legislation. The right of arresting offenders, or
those presumed to be such, might be given to the public
vessels of all nations, under conditions regulated by
treaties, but the right to try them should be reserved to the
national Courts of the vessel arrested.
"2. A submarine-telegraph cable uniting two neutral
territories is inviolable. It is desirable that, when
telegraphic communication must be interrupted in consequence
of war, a belligerent should confine himself to such measures
as are absolutely necessary to prevent the cable from being
used, and that such measures should be discontinued, or that
any damage caused by them, should be repaired as soon as the
cessation of hostilities may permit."
I am, Sir, your obedient servant,
T. E. HOLLAND.
Oxford, November 23 (1881).
SUBMARINE CABLES IN TIME OF WAR
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