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
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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
I now come to the Note to Germany of the 12th of February, delivered
in consequence of the notification of her under-sea policy, and for
which ‘Warning’ is the only appropriate term. The statement of the
principles set at defiance is introduced by the satirical formula ‘It
is unnecessary to remind,’ the whole object of the Note being to remind
the German Government that the interference with the freedom of the sea
is limited to search and blockade, and that in the absence of effective
blockade the belligerent nationality or contraband character of the
cargo must be determined before a vessel may be destroyed.
To this Note came the German reply which set forth England’s iniquities
and violations of international law, which were in startling contrast
to the scrupulous observance of ‘valid international rules regarding
naval warfare’ by Germany. There is a complacent reference to the
American Note to Great Britain of the 28th of December, which sets out
the details of our iniquities ‘sufficiently, though not exhaustively’;
but the main interest of the document is its method of dealing with
the duties of neutral States towards Germany.
Neutrals have been unable to prevent the interruption of their
commerce with Germany, which is contrary to international laws.
Germany is as good as cut off from her overseas supply by the silent
or protesting toleration of neutrals not only in regard to such
goods as are absolute contraband, but also in regard to such as,
according to the acknowledged law before the war, are only conditional
contraband or not contraband at all. Great Britain, on the other hand,
is, with the toleration of neutral Governments, not only supplied with
such goods as are not contraband or only conditional contraband, but
with goods which are regarded by Great Britain, if sent to Germany,
as absolute contraband--namely, provisions, industrial raw material,
etc.--and even with goods which have always indubitably been regarded
as absolute contraband.
There follows a reference ‘with greatest emphasis’ to the enormous
traffic in arms which is being ‘carried on between American firms and
Germany’s enemies’; after which come two sentences most typical of
German occultness:
Germany fully comprehends that the practice of right and toleration of
wrong on the part of neutrals are matters absolutely at the discretion
of neutrals and involve no formal violation of neutrality.... If it
is the formal right of neutrals to take no steps to protect their
legitimate trade with Germany, and even to allow themselves to be
influenced in the direction of conscious wilful restriction of their
trade, on the other hand, they have a perfect right, which they
unfortunately do not exercise, to cease contraband trade, especially
in arms, with Germany’s enemies.
Public-domain text, read in full here on John Shaqi.
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