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
At the outbreak of war the nations are divided into two classes: those
that are fighting and those that are not. To give them their scientific
names, they are belligerents and neutrals. With the laws of war I do
not concern myself, but only with those principles by which neutrals
are supposed to govern themselves in order to avoid being swept into
the vortex.
The only means by which this most desirable object can be achieved is
by steadfastly bearing in mind the natural consequence of meddling
in other people’s frays. It gives rise to the very simple maxim ‘He
who joins himself to my enemy makes himself my enemy and may be
treated as such.’ For the world’s peace the doctrine ‘He that is not
with me is against me’ finds no place in the maxims of nations. Now
there is a root-principle of neutrality, and if it is once let go all
the subordinate principles will fly off and become isolated bodies
careering through intellectual space, and doing an incalculable amount
of damage. This principle is, that neutrality is a state appertaining
to the Governments of the non-belligerent countries, and to the
Governments alone. Azuni says[14] that ‘the state of neutrality is not,
nor can be, a new state, but a continuation of a former one, by the
Sovereign who has no wish to change it.’ But neutrality has nothing
whatever to do with the individual, and all the puzzles which confuse
the public mind arise from the fact that the word ‘neutral’ is applied
indiscriminately to Governments and to individuals. The importance of
appreciating this is manifest, for if it is unsound the German case,
in which the contrary doctrine appears and reappears over and over
again, is right; if it is sound that case tumbles to pieces. It is
the persistence with which the German Foreign Office has dragged the
opposite contention in by the heels on every possible occasion which
makes it so necessary to insist on the recognition of this principle.
The burden of its reply to the United States, the condition on which
Germany will abandon its evil under-water practices, is that this
principle should be given up, and the neutral trade in arms with its
enemies declared illegal. If it could be thought for a moment that the
United States was likely to be beguiled into abandoning it, then the
peace of the world would indeed be in jeopardy. But, unfortunately for
the Germans, the Americans know full well what the principle means, and
the place it holds in the international system, for them to give even
the slightest hint that this is possible.
Public-domain text, read in full here on John Shaqi.
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