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)
It is, of course, the case that Germany is in Belgium only as the result
of her deliberate violation of solemnly contracted treaties, but she is
in military "occupation" of the territory. From such "occupation" it
cannot be disputed that there flow certain rights of self-defence. No
one, for instance, would have complained of her stern repression of
civilian attacks upon her troops, so long as it was confined to actual
offenders. The passages quoted by Sir James from Hague Convention v.,
and from the _Kriegsbrauch_, relate entirely to the rights and duties of
Governments, and have no bearing upon the tragical abuse of jurisdiction
which is occupying the minds of all of us.
May I take this opportunity of calling attention to the fresh evidence
afforded by the new Order in Council of our good fortune in not being
bound by the Declaration of London, which erroneously professed to
"correspond in substance with the generally recognised principles of
International Law"? Is it too late, even now, to announce, by a
comprehensive Order in Council, any relaxations which we and our Allies
think proper to make of well-established rules of Prize Law, without any
reference to the more and more discredited provisions of the
Declaration, the partial and provisional adoption of which seems, at the
outbreak of the war, to have been thought likely to save trouble?
Your obedient servant,
T. E. HOLLAND.
Oxford, October 26 (1915).
* * * * *
SECTION 7
_Privateering_
The three letters which immediately follow were written to
point out that neither belligerent in the war of 1898 was under
any obligation not to employ privateers. Within, however, a few
days after the date of the second of these letters, both the
United States and Spain, though both still to be reckoned among
the few powers which had not acceded to the Declaration of
Paris, announced their intention to conduct the war in
accordance with the rules laid down by the Declaration.
Art. 3 of the Spanish Royal Decree of April 23 was to the
effect that "notwithstanding that Spain is not bound by the
Declaration signed in Paris on April 16, 1856, as she expressly
stated her wish not to adhere to it, my Government, guided by
the principles of international law, intends to observe, and
hereby orders that the following regulations for maritime law
be observed," viz. Arts. 2, 3, and 4 of the Declaration,
after setting out which, the Decree proceeds to state that the
Government, while maintaining "their right to issue letters of
marque, ... will organise, for the present, a service of
auxiliary cruisers ... subject to the statutes and jurisdiction
of the Navy."
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