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)
On the authority of International Law, _supra_, pp. 25, 66, 67;
_infra_, pp. 77, 114, 115, 137, 169.
* * * * *
SECTION 5
_Submarines_
GERMANY AND THE HAGUE
Sir,--One excuse for German atrocities put forward, as you report, in
the _Kolnische Zeitung_, ought probably not to pass unnoticed, denying,
as it does, any binding authority to the restrictions imposed upon the
conduct of warfare, on land or at sea, by The Hague Conventions of 1907.
It is true that each of these Conventions contains an article to the
effect that its provisions "are applicable only between the contracting
Powers, and only if all the belligerents are parties to the Convention."
It is also true that three of the belligerents in the world-war now
raging--namely, Serbia, Montenegro, and, recently, Turkey--although they
have (through their delegates) signed these Conventions, have not yet
ratified them. Therefore, urges the _Zeitung_, the Conventions are, for
present purposes, waste paper. The argument is as technically correct as
its application would be unreasonable; and I should like to recall the
fact that, in the important prize case of the _Möwe_, Sir Samuel Evans,
in a considered judgment, pointed out the undesirability of refusing
application to the maritime conventions because they had not been
ratified by Montenegro, which has no navy, or by Serbia, which has no
seaboard; and accordingly, even after Turkey, which also has not
ratified, had become a belligerent, declined to deprive a German
shipowner of an indulgence to which he was entitled under the Sixth
Hague Convention.
Admiral von Tirpitz was perhaps not serious when he intimated to the
representative of the United Press of America that German submarines
might be instructed to torpedo all trading vessels of the Allies which
approach the British coasts. The first duty of a ship of war which
proposes to sink an enemy vessel is admittedly, before so doing, to
provide for the safety of all its occupants, which (except in certain
rare eventualities) can only be secured by their being taken on board of
the warship. A submarine has obviously no space to spare for such an
addition to its own staff.
I am, Sir, your obedient servant,
T. E. HOLLAND.
Oxford, December 26 (1914).
The charitable view taken in the last paragraph has, of course,
not been justified.
For the _Möwe_, see 2 Lloyd, 70. On the restrictive article in
The Hague Convention, _cf. passim_.
"THE PIRATES"
Sir,--Would it not be desirable, in discussing the execrable tactics of
the German submarines, to abandon the employment of the terms "piracy"
and "murder," unless with a distinct understanding that they are used
merely as terms of abuse?
Public-domain text, read in full here on John Shaqi.
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