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
This doctrine, namely, that "for ships consigned from neutral states to
a neutral port, the notion of contraband simply does not exist," clearly
defined the contention of Great Britain that contraband which "at the
time of seizure" was "consigned or intended to be delivered to an agent
of the enemy at a neutral port, or, in fact, destined for the enemy's
country," is liable to seizure and that both ship and cargo may be
confiscated.[35] It also denied the English contention that "provisions
on board ... destined for the enemy's Government or agents, and ...
also for the supply of troops or ... especially adapted for use as
rations for troops" may be seized as contraband.[36]
[Footnote 35: Ibid., p. 19; Salisbury to Lascelles, Jan. 10, 1900.]
[Footnote 36: Ibid., p. 16; Admiralty to Harris, Jan. 8, 1900.]
Count Von Bülow summarized the action of the German Government by
saying: "We demanded in the first place the release of the steamers....
In the second place we demanded the payment of compensation for the
unjustified detention of our ships and for the losses incurred by the
German subjects whose interests were involved.... Thirdly, we drew
attention to the necessity for issuing instructions to the British Naval
Commanders to molest no German merchantmen in places not in the vicinity
of the seat of war, or at any rate, in places north of Aden....
Fourthly, we stated it to be highly desirable that the English
Government should instruct their Commanders not to arrest steamers
flying the German mail flag.... Fifthly, we proposed that all points
in dispute should be submitted to arbitration.... Lastly, the English
Government have given expression to their regret for what has occurred.
We cherish the hope that such regrettable incidents will not be
repeated. We trust that the English naval authorities will not again
proceed without sufficient cause, in an unfriendly and precipitate
manner against our ships."[37]
[Footnote 37: Speech in Reichstag, Jan. 19, 1900.]
The Chancellor at the same time set forth certain general propositions
as a tentative system of law to be operative in practice, a disregard of
which in the opinion of the German Government would constitute a breach
of international treaties and customs:
(1) "Neutral merchant ships on the high seas or in the territorial
waters of the belligerent Powers ...are subject to the right of visit
by the warships of the belligerent parties." It was pointed out that
this was apart from the right of convoy, a question which did not arise
in the cases under discussion. The proposal was not intended to apply to
waters which were too remote from the seat of war and a special
agreement was advocated for mail ships.
"(2) The right of visit is to be exercised with as much consideration as
possible and without undue molestation.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account