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
What, then, does neutrality mean? That the Government of a
non-belligerent State must do nothing to assist either belligerent,
by providing him with arms, or ships, or men, or money. It is not
difficult to understand why neutrality is not applicable to the
individuals of the non-belligerent States. Nations subsist by
international commerce, and there is no reason why, because two of
them go to war, all their trade with the others should be declared
illegal.[15] Therefore we get at once to this axiom, that war does not
affect neutral trade with either belligerent, but the merchants in
neutral countries are entitled to carry on business with them. And so
the neutral merchant makes his first appearance on the scene.
_Contraband of War_
But to adopt the language of the day, _Krieg ist Krieg_; and if the
neutral merchant has rights so also have the belligerents, and the
doctrine of contraband of war gives expression to them, though few
doctrines have been so loosely put into words. I think I am fairly
stating the prevalent and mistaken opinion when I put it thus: that
it is a breach of neutrality to trade in contraband, and that it is
the duty of a neutral State to prevent its subjects from so trading.
The Germans, in insisting on this popular idea, are juggling with the
word ‘neutrality,’ and they do so in a way which is almost pathetic;
yet their version of what they are pleased to call ‘true neutrality’
is so near to plausibleness that I must be at pains to elaborate the
real principle. A belligerent has a perfect right to apply the maxim
‘Who helps my enemy becomes my enemy’ to the neutral merchant. But
seeing that he is an unarmed civilian he cannot be made to fight.
The remedy against him is therefore confiscation of his goods. The
special way in which the merchant can help the enemy is by supplying
him with munitions of war and other means of carrying on the fight. In
order that there may be no mistake a more particular list of things
which help the enemy is made out, called ‘Contraband of War.’ Now the
belligerent has no right, much less any power, to prevent the merchant
from selling these things to his enemy; but he gives him fair warning
that if he sends them by sea cruisers will be on the look-out for his
vessels, and they will be detained and searched and the contraband
cargo seized. If the merchant turns to his Government and invokes its
protection, talking about the ‘freedom of the sea’ and the ‘common
highway of the nations,’ he will get for only answer, ‘The threat is
justified and I cannot help you. You are assisting the enemy and must
take your chance. I cannot prevent you taking that chance, nor can I
order you to forbear, for then I should be interfering in favour of
the other belligerent, and that would be a breach of neutrality on my
part. All I can do for you is to see that you get fair play if you
are caught, and proper damages if you are innocent.’ So now we get
Public-domain text, read in full here on John Shaqi.
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