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
I confess that there are many considerations which challenge the logic
of the distinction between absolute and conditional contraband, and
give it more the character of a humanitarian concession. It introduces
a new bone of contention between belligerents and neutral traders,
and it opens up the grave danger of concealed contraband in cargoes
which are themselves innocent: the concealment of copper, for example,
in bales of cotton. In view of the more rigorous rule of blockade
where the distinction disappears, it seems more in the nature of a
preliminary measure in the process of throttling the enemy; the first
turn of the screw, and a suggestion of sterner measures which are in
store.
* * * * *
It is important to note that the determination of what is contraband,
what absolute and what conditional, is left to each belligerent.
Seeing that no law is possible on the subject, that agreement has
got no further than the unratified Declaration of London,[16] and
that it could not be for the enemy to decide, there is no one but the
belligerent left. But it rests on a better reason. Each belligerent is
master of his own fray; he can direct the attack at his own discretion,
and can strike his blows where he pleases; and if we bear in mind
what he _could_ do, the declaration that some things shall only be
contraband if they are destined for the enemy’s forces is clearly a
reservation of strength rather than an expenditure of force. There is
no rule which imposes half-measures on any belligerent; he may exert
all his strength and destroy or seize all his enemy’s property if he
is able; the principle of blockade expressly provides for it; the only
thing that is required of him is that, until he proceeds to extremes,
he must be careful how he interferes with neutral property.
* * * * *
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