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)
There is, however, little doubt that such persons, although now more
usually allowed to remain, during good behaviour, may be expelled, and,
if necessary, wholesale, as were Germans from France in 1870. But may
such persons be, for good reasons, arrested, or otherwise prevented from
leaving the country, as Germans were prevented from leaving France in
the earlier days of the Franco-Prussian War? Grotius speaks with
approval of such a step being taken, "ad minuendas hostium vires."
Bynkershoek, more than a century later, recognises the right of thus
acting, "though it is rarely exercised." So the Supreme Court of the
United States in _Brown v. United States_ (1814). So Chancellor Kent
(1826), and Mr. Manning (1889) is explicit that the arrest in question
is lawful, and that "the individuals are prisoners of war."
Vattel, is it true (1758), ventures to lay down that--
"Le Souverain qui déclare la guerre ne peut retenir les
sujets de ennemi qui se trouvent dans ses états au moment de
la déclaration ... en leur permettant d'entrer dans ses
terres et d'y séjourner, il leur a promis tacitement toute
liberté et toute sûreté pour le retour."
And he has been followed by some recent writers. There is, however, I
venture to hold, no ground for asserting that this indulgent system is
imposed by international law. I am glad, therefore, to find the
Attorney-General laying down that--
"for strictly military reasons, any nation is entitled to
detain and to intern soldiers found upon the territory at the
outbreak of war."
And I should be surprised if, under all circumstances, as the learned
Attorney-General seems to think probable--
"England would follow, whatever the strict law may be, the
humane and chivalrous practice of modern times, and would
give to any subjects of a hostile Power who might be found
here engaging in civilian pursuits a reasonable time within
which to leave for their own country, even although they were
under the obligation of entering for service under the
enemy's flag."
The doctrine of Vattel has, in fact, become less plausible than it was
before universal liability to military service had become the rule in
most Continental countries. The peaceably engaged foreign resident is
now in all probability a trained soldier, and liable to be recalled to
the flag of a possible enemy.
There may, of course, be considerable practical difficulties in the way
of ascertaining the nationality of any given foreigner, and whether he
has completed, or evaded, the military training required by the laws of
his country. It may also be a question of high policy whether resident
enemies would not be a greater danger to this country if they were
compelled to remain here, than if they were allowed, or compelled, to
depart, possibly to return as invaders.
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.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account