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
The American Government agrees that for a blockade the cordon
of ships in the offing is no longer practicable in the face of an enemy
‘possessing the means and opportunity to make an effective defence
by the use of submarines, mines, and aircraft,’ and is therefore
no longer to be insisted on. It believes that a ‘long-distance
blockade’ is now inevitable. The importance of this admission cannot
be exaggerated. It might, I should have thought, be contended that a
‘blockade’ cannot be effective if the enemy possesses sufficient means
of offence--in other words, has the present means of destroying its
effectiveness. It can never be sufficiently insisted on that ‘blockade’
has, in addition to its realities, a technical and highly artificial
side. Under the conditions of warfare existing at the time the rules
were evolved, the visible sign of its effectiveness was the presence
of the blockading ships in the offing; that was the fact from which
the danger to merchant ships trying to run in to the blockaded coast
became evident. But if, whether by submarines, mines, or aircraft,
this danger ceases to be evident, if it can be actually eliminated,
if by the offensive protection of destroyers or cruisers there is an
evident danger to the blockading squadron, it would seem to follow
that both the real and the artificial effectiveness of that squadron
would be destroyed. A blockade liable to be seriously questioned, the
blockading ships to be annihilated, by an opposing squadron, seems to
involve a contradiction in terms.[37] But all this is top-hamper of
curious argument, and must go by the board when modern fleets take
up their war-stations. The enforcement of a ‘long-distance blockade’
is recognised by the American Protest as being one of their modern
duties. But for what purpose? For that extreme exhibition of force
which the command of the sea enables one of the belligerents to display
in order to strangle the life out of the enemy. That is the principle
of blockade--the exercise of sea-power to stop _all_ supplies from
going to the enemy, because he has that power; and the Protest admits
that this power may now be exercised in a wider area than in days
gone by: exercised against the enemy, and therefore exercised against
the neutral merchant, whose chances of getting even those things to
the enemy which had, before its exercise, been allowed to pass as
non-contraband are correspondingly diminished. Let it be noted at once
in italics that this admission comes from a Government which is the
most powerful protester against infringements of what it holds to be
the rights of neutral merchants.
Public-domain text, read in full here on John Shaqi.
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