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 application of these principles to the case of submarine cables
would appear to be, to a certain point at any rate, perfectly clear.
Telegraphic communication with the outside world may well be as
important to a State engaged in warfare as similar means of
communication between one point and another within its own territory.
Just as an invader would without scruple interrupt messages, and even
destroy telegraphic plant, on land, so may he thus act within the
enemy's territorial waters, or, perhaps, even so far from shore as he
could reasonably place a blockading squadron. It may be objected that a
belligerent has no right to prevent the access of neutral ships to
unblockaded portions of the enemy's coast on the ground that by carrying
diplomatic agents or despatches they are keeping up the communications
of his enemy with neutral Governments. But this indulgence rests on the
presumption that such official communications are "innocent," a
presumption obviously inapplicable to telegraphic messages
indiscriminately received in the course of business. It would seem,
therefore, to be as reasonable as it is in accordance with analogy, that
a belligerent should be allowed, within the territorial waters of his
enemy, to cut a cable, even though it may be neutral property, of which
the _terminus ad quem_ is enemy territory, subject only to a liability
to indemnify the neutral owners.
The cutting, elsewhere than in the enemy's waters, of a cable connecting
enemy with neutral territory receives no countenance from international
law. Still less permissible would be the cutting of a cable connecting
two neutral ports, although messages may pass through it which, by
previous and subsequent stages of transmission, may be useful to the
enemy.
Your obedient servant,
T. E. HOLLAND.
Oxford, May 21 (1897).
SUBMARINE CABLES IN TIME OF WAR
Sir,--Will you allow me to refer in a few words to the interesting
letters upon the subject of submarine cables which have been addressed
to you by Mr. Parsoné and Mr. Charles Bright? In asserting that "the
question as to the legitimacy of cable-cutting is covered by no
precedent," I had no intention of denying that belligerent interference
with cables had ever occurred. International precedents are made by
diplomatic action (or deliberate inaction) with reference to facts, not
by those facts themselves. To the best of my belief no case of
cable-cutting has ever been made matter of diplomatic representation,
and I understand Mr. Parsoné to admit that no claim in respect of damage
to cables was presented to the mixed Commission appointed under the
Convention of 1883 between Great Britain and Chile.
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