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)
I am only concerned to maintain that, as far as international law is
concerned, England has a free hand either to expel resident enemies or
to prevent them from leaving the country, as may seem most conducive to
her own safety.
I am, Sir, your obedient servant,
T. E. HOLLAND.
Oxford, February 25 (1909).
_Civil Disabilities of Alien Enemies_
THE NAVAL PRIZE BILL
CIVIL DISABILITIES OF ENEMY SUBJECTS
Sir,--The Naval Prize Bill has sins enough of its own to answer for. The
question dealt with under that heading in Mr. Arthur Cohen's letter of
this morning has, however, nothing to do with naval matters, but arises
under The Hague Convention of 1907 as to warfare on land, which was
ratified by our Government two years ago; unfortunately without any
reserve as to the extraordinary provision contained in Art. 28 (_h_) of
that Convention.
I lose not a moment in asking to be allowed to state that my view of the
question is, and always has been, the reverse of that attributed to me
by my friend Mr. Cohen. No less than three views are entertained as to
the meaning of Art. 28 (_h_). (1) Continental writers, e.g., MM.
Fauchille, Kohler, and Ullmann, with the German Whitebook, assert, in
the most unqualified manner, that Great Britain and the United States
have under this clause abandoned their long-established doctrine as to
the suspension of the private rights and remedies of enemy subjects; (2)
Our own Government, in a non-confidential reply to an inquiry from
Professor Oppenheim, asserts categorically, as does General Davis in the
United States, that the clause relates only to the action of a commander
in a territory of which he is in occupation; while (3) most English and
American writers look upon the meaning of the clause as doubtful. If Mr.
Cohen will look at p. 44 of my _Laws of War on Land_, 1909, he will find
that I carry this sceptical attitude so far as to include the clause in
question in brackets as "apocryphal," with the comment that "it can
hardly, till its policy has been seriously discussed, be treated as a
rule of international law." I have accordingly maintained, in
correspondence with my Continental colleagues, that the clause should be
treated as "non avenue," as "un non sens," on the ground that, while,
torn from their context, its words would seem ("ont faux air") to bear
the Continental interpretation, its position as part of a "Règlement,"
in conformity with which the Powers are to "issue instructions to their
armed land forces," conclusively negatives this interpretation. I will
not to-day trouble you in detail with the very curious history of the
clause; which, as originally proposed by Germany, merely prohibited (a
commander?) from announcing that the private claims ("réclamations") of
enemy subjects would be unenforceable. It is astonishing that no
objection was raised by the British or by the American delegates to the
subsequent transformation of this innocent clause into something very
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