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
It is possibly true that the German rules were advanced because of their
expediency in view of the geographical position of Germany. But the
English writer apparently admits a similar motive in opposing the
proposed German system, when he says, "Great Britain is the only
European state which could not obtain," in time of war, "all the
supplies she wished for by land carriage from neighboring neutral ports,
with which according to the doctrine in question, neutrals would be free
to trade in contraband without the slightest hindrance from the other
belligerent."[41]
[Footnote 41: Principles of Int. Law, p. 680.]
The view taken by Mr. Lawrence would seem unfair to the proposed rules
in a number of points. Count Von Bülow clearly pointed out that
belligerent vessels might capture a neutral vessel if the latter
resisted the order to stop, or if irregularities were discovered in her
papers, or if the presence of contraband were revealed. Under the term
"contraband of war" he admitted that articles and persons suited for war
might be included, provided they were at the same time destined for the
use of one of the belligerents, and he was ready to admit that
discovered contraband should be confiscable. It is true the caution was
added that should the seizure prove to be unjustifiable the belligerent
State should be bound to order immediate release and make full
compensation, and that the right of visit and search should be exercised
with as much consideration as possible and without undue molestation to
neutral commerce. It was understood that neutral merchant vessels on the
high seas or in the territorial waters of the belligerent powers should
be liable to visit and search, but again with the necessary caution that
the right should not be exercised in waters too remote from the seat of
war, and that additional consideration be conceded to mail steamers.[42]
[Footnote 42: Sessional Papers, Africa, No. I (1900), C. 33, p. 24.
Speech in Reichstag, Jan. 19, 1900.]
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