Letters to "The Times" upon War and Neutrality (1881-1920)Holland, Thomas Erskine
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Letters to "The Times" upon War and Neutrality (1881-1920)
Holland, Thomas Erskine
Neutrality; War (International law)
Sir,--I may perhaps be permitted to endorse every word of the high
praise bestowed in your leading article of this morning upon the Note
addressed to Germany by the Government of the United States. The
frequent mentions which it contains of "American ships," "American
citizens," and the like, were, no doubt, natural and necessary, as
establishing the _locus standi_ of that Government in the controversy
which it is carrying on. But we find also in the Note matters of even
more transcendent interest, relating to the hitherto universally
accepted doctrines of international law, applicable to the treatment of
enemy as well as of neutral vessels.
It may suffice to cite the paragraph which assumes as indisputable
"the rule that the lives of non-combatants, whether they be
of neutral citizenship or citizens of one of the nations at
war, cannot lawfully or rightfully be put in jeopardy by the
capture or destruction of unarmed merchantmen,"
as also
"the obligation to take the usual precaution of visit and
search to ascertain whether a suspected merchantman is in
fact of belligerent nationality, or is in fact carrying
contraband under a neutral flag."
[I assume that the word "unarmed" here does not exclude the case of a
vessel carrying arms solely for defence.]
The Note also recognises, what you some time ago allowed me to point
out,
"the practical impossibility of employing submarines in the
destruction of commerce without disregarding those rules of
fairness, reason, justice, and humanity which modern opinion
regards as imperative."
Adding:--
"It is practically impossible for them to make a prize of
her, and if they cannot put a prize crew on board, they
cannot sink her without leaving her crew and all on board her
to the mercy of the sea in her small boats."
Nothing could be more satisfactory than the views thus authoritatively
put forth, first as to the applicable law, and secondly as to the means
by which its prescriptions can be carried out.
I am, Sir, your obedient servant,
T. E. HOLLAND.
Brighton, May 15 (1915).
_Cf. supra_, p. 70.
* * * * *
SECTION 6
_Lawful Belligerents_
GUERILLA WARFARE
Sir,--When Mr. Balfour last night quoted certain articles of the
"Instructions for the Government of Armies of the United States in the
Field" with reference to guerilla warfare, some observations were made,
and questions put, upon which you will perhaps allow me to say a word or
two.
1. Mr. Healy seemed to think that something turned upon the date (May,
1898) at which these articles were promulgated. In point of fact they
were a mere reissue of articles drawn by the well-known jurist Francis
Lieber, and, after revision by a military board, issued in April, 1868
by President Lincoln.
Public-domain text, read in full here on John Shaqi.
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