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)
But what of the further _dictum_ attributed to Professor de Martens, to
the effect that "each country is its own judge as regards the discharge
of its duties as a neutral"? This statement would be a superfluous
truism if it meant merely that each country, when neutral, must, in the
first instance, decide for itself what courses of action are demanded
from it under the circumstances. The words may, however, be read as
meaning that the decision of the neutral country, as to the propriety of
its conduct, is final, and not to be questioned by other Powers. An
assertion to this effect would obviously be the negation of the whole
system of international law, of which Professor de Martens is so great a
master, resting, as that system does, not on individual caprice, but
upon the agreement of nations in restraint of the caprice of any one of
them. The last word, with reference to the propriety of the conduct of
any given State, rests, of course, not with that State; but with its
neighbours. "Securus indicat orbis terrarum." Any Power which fails in
the discharge, to the best of its ability, of a generally recognised
duty, is likely to find that self-satisfaction is no safeguard against
unpleasant consequences. Professor de Martens would, I am certain,
endorse this statement.
I am, Sir, your obedient servant,
T. E. HOLLAND.
Oxford, May 12 (1905).
NEUTRALS AND THE LAWS OF WAR
Sir,--The interesting address by Sir Edward Carson reported in your
issue of yesterday will remind many of us of our regret that President
Wilson, in Notes complaining of injuries sustained by American citizens,
dwelt so slightly upon the violations of international law by which
those injuries were brought about.
Sir Edward seems, however, to have made use of certain expressions which
might be taken to imply a view of neutral responsibility which can
hardly be accepted. The United States were warned in the address that
they will not "by a mere Note maintain the obligations which are put
upon them, as parties to international law, which are to prevent
breaches of civilisation and to mitigate the horrors of war." Neutrals
were spoken of as "the executives of international law," and as alone
standing "behind the conventions" (for humanising warfare). "Abolish,"
we were told, "the power of neutrals, and you have abolished
international law itself."
Public-domain text, read in full here on John Shaqi.
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