The neutral merchant: in relation to the law of contraband of war and blockade under the order in Council of 11th March, 1915 — John Shaqi
The neutral merchant: in relation to the law of contraband of war and blockade under the order in Council of 11th March, 1915Piggott, Francis Taylor
History
The neutral merchant: in relation to the law of contraband of war and blockade under the order in Council of 11th March, 1915
Piggott, Francis Taylor
Blockade; Contraband of war; Neutrality; World War, 1914-1918
By a _ruse de guerre_, or stratagem of war, I understand the adoption
of some means of deceiving the enemy in war, some device out of
the ordinary course of fighting. The old adage that ‘all is fair
in love and war’ is not strictly true, for some stratagems are not
unjustifiable in war, and some are. The _Emden_, when she rigged up a
fourth funnel, so making believe she was some other ship, resorted to
a legitimate stratagem which had unfortunate results for our Allies’
ships in Penang harbour. The German soldiers who put on our dead men’s
uniforms also resort to a stratagem; but we are fastidious in our
methods of fighting, and do not admit that this is ‘playing the game’
of war. But, whether legitimate or illegitimate, these are _ruses de
guerre_; and the term is hardly applicable to a stratagem adopted by
a non-combatant to avoid an unlawful trap set by the enemy for his
destruction.
_The First American Note to Great Britain_
I pass now to the more serious matter of the Note of friendly protest
of the 28th of December, which was an amplification of one already
presented on the 7th of November. It opens with the declaration that
the present condition of the trade of the United States, resulting
from frequent seizures and detentions of cargoes destined to neutral
European ports, has become so serious as to require a candid statement
of the view of the United States Government that the British policy is
an infringement of the rights of its citizens, and denies to neutral
commerce the freedom to which it is entitled by the law of nations. An
improvement had been confidently awaited on account of the statement
of the Foreign Office that the British Government ‘were satisfied with
guarantees offered by the Norwegian, Swedish, and Danish Governments
as to the non-exportation of contraband goods when consigned to named
persons in the territories of those Governments.’ But although nearly
five months had passed since the War began, it was a matter of deep
regret to find that the British Government
have not materially changed their policy and do not treat less
injuriously ships and cargoes passing between neutral ports in the
peaceful pursuit of lawful commerce which belligerents should protect
rather than interrupt. The greater freedom from detention and seizure
which was confidently expected to result from consigning shipments to
definite consignees rather than ‘to order’ is still awaited.
The general principle is then laid down that, ‘seeing that peace, and
not war, is the normal relation between nations,’
the commerce between countries which are not belligerents should
not be interfered with by those at war unless such interference is
manifestly an imperative necessity to protect their national safety,
and then only to the extent that it is a necessity.
Public-domain text, read in full here on John Shaqi.
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