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)
Sir,--I venture to think that the question which has been raised as to
the legitimacy of cable-cutting is not so insoluble as most of the
allusions to it might lead one to suppose. It is true that no light is
thrown upon it by the Convention of 1884, which relates exclusively to
time of peace, and was indeed signed by Lord Lyons, on behalf of Great
Britain, only with an express reservation to that effect. Nor are we
helped by the case to which attention was called in your columns some
time since by Messrs. Eyre and Spottiswoode. Their allusion was
doubtless to the _International_ (L.R. 3 A. and E. 321), which is
irrelevant to the present enquiry. The question is a new one, but,
though covered by no precedent, I cannot doubt that it is covered by
certain well-established principles of international law, which, it is
hardly necessary to remark, is no cut-and-dried system but a body of
rules founded upon, and moving with, the public opinion of nations.
That branch of international law which deals with the relations of
neutrals and belligerents is, of course, a compromise between what
Grotius calls the "belli rigor" and the "commerciorum libertas." The
terms of the compromise, originally suggested partly by equity, partly
by national interest, have been varied and re-defined, from time to
time, with reference to the same considerations. It is perhaps
reasonable that, in settling these terms, preponderant weight should
have been given to the requirements of belligerents, engaged possibly in
a life-and-death struggle. "Ius commerciorum æquum est," says Gentili;
"at hoc æquius, tuendæ salutis." There is accordingly no doubt that in
land warfare a belligerent may not only interrupt communications by
road, railway, post, or telegraph without giving any ground of complaint
to neutrals who may be thereby inconvenienced, but may also lay hands on
such neutral property--shipping, railway carriages, or telegraphic
plant--as may be essential to the conduct of his operations, making use
of and even destroying it, subject only to a duty to compensate the
owners. This he does in pursuance of the well-known "droit d'angarie,"
an extreme application of which occurred in 1871, when certain British
colliers were sunk in the Seine by the Prussians in order to prevent the
passage of French gunboats up the river. Count Bismarck undertook that
the owners of the ships should be indemnified, and Lord Granville did
not press for anything further. Such action, if it took place outside of
belligerent territory, would not be tolerated for a moment.
Public-domain text, read in full here on John Shaqi.
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