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)
In the course of his able address upon "Belligerents and Neutrals,"
reported in your issue of this morning, I observe that Mr. Macdonell
suggests that the Institut de Droit International might usefully study
the question of cables in time of war. It may, therefore, be well to
state that this service hat already been rendered. The Institut, at its
Paris meeting in 1878, appointed a committee, of which M. Renault was
chairman, to consider the whole subject of the protection of cables,
both in peace and in war; and at its Brussels meeting, in 1879,
carefully discussed the exhaustive report of its committee and voted
certain "conclusions," notably the following:--
"Le câble télégraphique sous-marin qui unit deux territoires
neutres est inviolable.
"Il est à désirer, quand les communications télégraphiques
doivent cesser par suite de l'état de guerre, que l'on se
borne aux mesures strictement nécessaires pour empêcher
l'usage du cable, et qu'il soit mis fin à ces mesures, ou que
l'on en répare les consequences, aussitôt que le permettra la
cessation des hostilités."
It was in no small measure due to the initiative of the Institut that
diplomatic conferences were held at Paris, which in 1882 produced a
draft convention for the protection of cables, not restricted in its
operation to time of peace; and in 1884 the actual convention, which is
so restricted.
It may not be generally known that in 1864, before the difficulties of
the subject were thoroughly appreciated, a convention was signed, though
it never became operative, by which Brazil, Hayti, Italy, and Portugal
undertook to recognise the "neutrality" in time of war of a cable to be
laid by one Balestrini. So, in 1869, the United States were desirous of
concluding a general convention which should assimilate the destruction
of cables in the high seas to piracy, and should continue to be in force
in time of war. The Brussels conference of 1874 avoided any mention of
"câbles sous-marins."
The moral of all that has been written upon this subject is obviously
that drawn by Mr. Charles Bright--viz. "the urgent necessity of a
system of cables connecting the British Empire by direct and independent
means--_i.e._ without touching on foreign soil."
I am, Sir, your obedient servant,
T. E. HOLLAND.
Oxford, June 3 (1897).
* * * * *
SECTION 7
_Destruction of Neutral Prizes_
Public-domain text, read in full here on John Shaqi.
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