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. These promised, and already perpetrated, atrocities consist in the
destruction of merchant shipping without any of those decent preliminary
steps, for the protection of human life and neutral property, which are
insisted on by long established rules of international law. Under these
rules, the exercise of violence against a merchant vessel is
permissible, in the first instance, only in case of her attempting by
resistance or flight to frustrate the right of visit which belongs to
every belligerent cruiser. Should she obey the cruiser's summons to
stop, and allow its officers to come on board, they will satisfy
themselves, by examination of her papers, and, if necessary, by further
search, of the nationality of ship and cargo, of the destination of
each, and of the character of the latter. They will then decide whether
or no they should make prize of the ship, and in some cases may feel
justified in sending a prize to the bottom, instead of taking her into
port. Before doing so it is their bounden duty to preserve the ship
papers, and, what is far more important, to provide for the safety of
all on board.
This procedure seems to have been followed, more or less, by the
submarines which sank the _Durward_ in the North Sea, and several small
vessels near the Mersey, but is obviously possible to such craft only
under very exceptional circumstances. It was scandalously not followed
in the cases of the _Tokomaru_, the _Ikaria_, and the hospital ship (!)
_Asturias_, against which a submarine fired torpedoes, off Havre,
without warning or inquiry, and, of course, regardless of the fate of
those on board. The threat that similar methods of attack will be
systematically employed, on a large scale, on and after the 18th inst.,
naturally excites as much indignation among neutrals as among the Allies
of the Entente.
I am, Sir, your obedient servant,
T. E. HOLLAND.
Oxford, February 12 (1915).
* * * * *
SECTION 4
_Aerial Warfare_
It may be desirable to supplement what is said in the following
letters by mentioning that the Declaration of 1899 (to remain
in force for five years) was largely ratified, though not by
Great Britain; that of 1907 (to remain in force till the
termination of the third Peace Conference) was ratified by
Great Britain and by most of the other great Powers in 1909,
not, however, by Germany or Austria; that aerial navigation is
regulated by the Acts, I & 2 Geo. 5, c. 4, and 2 & 3 Geo. 5, c.
22; and that an agreement upon the subject was entered into
between France and Germany, on July 26, 1913, by exchange of
notes, "en attendant la conclusion d'une convention sur cette
matière entre un plus grand nombre d'états" (the international
Conference held at Paris in 1910 had failed to agree upon the
terms of such a Convention); and that Art. 25 of The Hague
Convention of 1907, No. iv., was ratified by Great Britain, and
generally.
Public-domain text, read in full here on John Shaqi.
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