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)
1. Would it be feasible to draw up a definite list of the measures which
may legitimately be taken with a view to exercising pressure short of
war?--I think not. States differ so widely in offensive power and
vulnerability that it would be hardly advisable thus to fetter the
liberty of action of a State which considers itself to have been
injured.
2. Ought it to be made obligatory that acts of reprisal should be
preceded, or accompanied, by a notification to the State against which
they are exercised that they are reprisals and not operations of
war?--This would seem to be highly desirable; unless indeed it can be
assumed that, in pursuance of The Hague Convention of 1907, no war will
henceforth be commenced without declaration.
8. Ought a statement to the like effect to be made to nations not
concerned in the quarrel?--This would, doubtless, be convenient, unless
the non-receipt by them of any notification of a "state of war," in
pursuance of the Convention, could be supposed to render such a
statement superfluous.
On the ambiguous character sometimes attaching to reprisals as now
practised, I may perhaps refer to an article in the _Law Quarterly
Review_ for 1903, entitled "War Sub Modo."
I am, Sir, your obedient servant,
T. E. HOLLAND.
Oxford, December 26 (1908).
The operations against Venezuela which were closed by the
protocol of February 13, 1903, had given rise to the
enunciation of the so-called "Drago doctrine," in a despatch,
addressed on December 29 of the preceding year, by the
Argentine Minister for Foreign Affairs to the Government of the
United States, which asserts that "public indebtedness cannot
justify armed intervention by a European Power, much less
material occupation by it of territory belonging to any
American nation." The reply of the United States declined to
carry the "Monroe doctrine" to this length, citing the passage
in President Roosevelt's message in which he says: "We do not
guarantee any State against punishment, if it misconducts
itself, provided such punishment does not take the form of the
acquisition of territory by any non-American Power."
It is, however, now provided by The Hague Convention, No. ii.
of 1907, ratified by Great Britain on November 27, 1909, that
"the contracting Powers have agreed not to have recourse to
armed force for the recovery of contractual debts, claimed from
the Government of a country by the Government of another
country, as being due to its subjects. This stipulation shall
have no application when the debtor State declines, or leaves
unanswered, an offer of arbitration, or, having accepted it,
renders impossible the conclusion of the terms of reference
(_compromis_), or, after the arbitration, fails to comply with
the arbitral decision."
CHAPTER II
STEPS TOWARDS A WRITTEN LAW OF WAR
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