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)
2. It is much to be desired that the practice should be, by future
international agreement, absolutely forbidden--- that the lenity of
British practice in this respect should become internationally
obligatory.
3. In the meantime, to adopt the language of the French instructions,
"On ne doit user de ce droit de destruction qu'avec plus la grande
réserve"; and it may well be that any given set of instructions (e.g.
the Russian) leaves on this point so large a discretion to commanders of
cruisers as to constitute an intolerable grievance.
4. In any case, the owner of neutral property, not proved to be good
prize, is entitled to the fullest compensation for his loss. In the
language of Lord Stowell:--
"The destruction of the property may have been a meritorious
act towards his own Government; but still the person to whom
the property belongs must not be a sufferer ... if the captor
has by the act of destruction conferred a benefit upon the
public, he must look to his own Government for his
indemnity."
It may be worth while to add that the published statements on the
subject for which I am responsible are contained in the _Admiralty
Manual of Prize Law_ of 1888 (where section 808 sets out the lenient
British instructions to commanders, without any implication that
instructions of a severer kind would have been inconsistent with
international law); in letters which appeared in your columns on August
6, 17, and 30, 1904; and in a paper on "Neutral Duties in a Maritime
War, as illustrated by recent events," read before the British Academy
in April last, a French translation of which is in circulation on the
Continent.
I am, Sir, your obedient servant,
T. E. HOLLAND.
Temple, June 29 (1905).
The Russian circular of April 3, 1906, inviting the Powers to a
second Peace Conference, included amongst the topics for
discussion: "Destruction par force majeure des bâtiments de
commerce neutres arrêtés comme prises," and the British
delegates were instructed to urge the acceptance of what their
Government had maintained to be the existing rule on the
subject. The Conference of 1907 declined, however, to define
existing law, holding that its business was solely to consider
what should be the law in future. After long discussions, in
the course of which frequent reference was made to views
expressed by the present writer (see _Actes et Documents_, t.
iii. pp. 991-993, 1010, 1016, 1018, 1048, 1171), the Conference
failed to arrive at any conclusion as to the desirability of
prohibiting the destruction of neutral prizes, and confined
itself to the expression of a wish (_voeu_) that this, and
other unsettled points in the law of naval warfare, should be
dealt with by a subsequent Conference.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account