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
It is not customary, except in one clear case, for a neutral Government
to insist that a belligerent should adopt, _in medias res_, its views
of a question which does not involve any issue of peace or war: to
press on him, _in medium bellum_, a modification of his belligerent
action which might cost him the victory. The clear case of exception
is when, philosophy at fault, there are not two sides to the question,
but one only, and that testified to by flagrant breaches of the laws of
humanity and war. Everything else is fair fighting; and for a neutral
Government, because its own commercial interests are affected, to
insist on the adoption of its view of a debateable point, to persist
that it is not debateable, to take action, in itself a violation of
international law,[1] savours of unneutral service. In the absence of
suggestion of anything but perfect good faith, in the face of much
demonstrated care of the interests of its citizens, the abandonment by
a neutral Government of the dispassionate attitude which neutrality
requires not merely heartens the enemy but must result in rendering him
material assistance.
The United States Government, by placing England and Germany
on the same plane of protest,--the ‘lawless conduct’ of the
belligerents--has, as it seems to me, lost the true measure of
national right and wrong on which humanity must rest its laws if
civilisation is to continue. In redressing wrongs the law has never
placed injuries to life and property on the same level. A neutral
Government whose citizens have suffered in life by the action of one
belligerent, in fortune, however grievously, by the action of the
other, must yet be guided as to the manner of its protests by the
relative degree of the offences.
Now, assuming England’s high-sea policy to be illegal, two things
appear to me clear: First, that we are entitled to claim from the
United States a consideration of the circumstances which led to the
commission of the offence of which we are accused, in order to see
whether, as Reprisals, it was not justified. The Protest of the 2nd
of April expressly refuses this consideration; it proceeds on the
assumption that Reprisals can never be resorted to against an enemy, if
the interests of a neutral trader are affected: Secondly, that, quite
apart from the Arbitration Treaty, we are justified in insisting on a
reference to arbitration after the War as the complete present answer
to the charge, for this all-sufficient reason, that on calm review it
may appear that our action is warranted by international law. There is
no indication in the last paragraph of the new Protest that this view
is acquiesced in by the United States.
Public-domain text, read in full here on John Shaqi.
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