Neutral Rights and Obligations in the Anglo-Boer WarCampbell, Robert Granville
History
Neutral Rights and Obligations in the Anglo-Boer War
Campbell, Robert Granville
Neutrality; South African War, 1899-1902
Difficulty at once arose with reference to the right of passage of these
troops, military stores, and in fact a full equipment for warlike
purposes. There was not much choice of routes. Those through the
Transvaal and through Bechuanaland were closed. The only route left was
through the port of Beira. This course necessitated the passage of
belligerent troops across two hundred miles of neutral territory
controlled by Portugal as territorial sovereign. Beira, situated about
four hundred and fifty miles north of Lorenzo Marques, bears nearly the
same relation topographically to British Mashonaland and to British
Rhodesia that Delagoa Bay does to the Transvaal and the Orange Free
State. A railway nearing completion formed an almost continuous route
from Beira to Salisbury in Rhodesia, and once in the latter province
troops would be in a position to invade the Transvaal.
Under ordinary circumstances it would have been a distinct breach of
neutrality on the part of Portugal to allow the passage across her
territory of the troops of one of the belligerents, since the obvious
destination could only be the country of the other belligerent, with
whom she was on friendly terms. Portugal had granted to England in 1896
the right of passage for a field force to be used against the natives in
Mashonaland.[13] But that was a case of warfare against a savage tribe,
and was not to be considered as a reliable precedent for similar action
against a civilized State such as the South African Republic.
[Footnote 13: Times Military History of the War in South Africa, Vol. IV
p. 365]
The principles of the international law of modern times leave little or
no doubt as to the proper course for a neutral to follow in such a case.
Oppenheim says: "In contradistinction to the practice of the eighteenth
century, it is now generally recognized that a violation of the duty of
impartiality is involved when a neutral allows a belligerent the passage
of troops or the transport of war material over his territory. And it
matters not whether a neutral give such permission to one of the
belligerents only, or to both alike."[14] And Lawrence points out that
"It is now acknowledged almost universally that a neutral state which
permits the passage of any part of a belligerent army through its
territory is acting in such a partial manner as to draw down upon itself
just reprobation." The permission given of necessity "to further a
warlike end" is "therefore inconsistent with the fundamental principle
of state neutrality." "These considerations," he says, "have influenced
practice during the present century, and the weight of modern precedent
is against the grant of passage in any case."[15]
[Footnote 14: International Law (1906), Vol. II, p. 345]
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