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
Now, seeing that the Order pays so great regard to the pocket of the
neutral merchant that it does not condemn _his_ non-contraband cargoes,
it is very difficult to discover any justification for protest. Shorn
of superfluity of words, the complaint is that we have not declared a
blockade; and it resolves itself into this: that we ought to seize and
condemn neutral cargoes and not rest satisfied with what may be termed
an interim seizure, which may not become absolute. The answer is that
the existence and extent of a right does not depend on the nature of
the procedure by which it is enforced. It is true that international
law has invented a fiction to assist the belligerent who decides to
declare a blockade; it preserves, _as against the neutral merchant_,
the ‘evident danger of seizure’ even when owing to stress of weather it
has ceased not merely to be evident, but to exist altogether. What can
this fiction have to do with the nature of the right to which it is a
mere adjunct? The right to stop _all_ supplies going to the enemy. It
is preposterous to say that a belligerent cannot exercise this right
unless he avails himself of the adventitious assistance which the law
offers him; that although he _can_ do without it yet he _may_ not.
* * * * *
What is true of the deep sea must also be true of the high air. When
the lorries and cargo-carriers of the air have come into being, and the
war in the air becomes even more of a grim reality than it is to-day,
neutrals carrying supplies to the enemy will, I imagine, receive short
shrift, contraband or no contraband, siege or no siege, blockade or no
blockade.
_The Sovereignty over Neutral Ships_
But the United States Government rests its protest on an alternative
ground. The Order in Council, it declares,
would constitute, were its provisions to be actually carried into
effect as they stand, a practical assertion of unlimited belligerent
rights over neutral commerce within the whole European area, and an
almost unqualified denial of the sovereign rights of the nations now
at peace.
* * * * *
This Government takes it for granted that there can be no question
what those rights are. A nation’s sovereignty over its own ships and
citizens under its own flag on the high seas in time of peace is,
of course, unlimited. And that sovereignty suffers no diminution in
times of war except in so far as the practice and consent of civilised
nations have limited it by the recognition of certain now clearly
determined rights which it is conceded may be exercised by nations
which are at war.
Public-domain text, read in full here on John Shaqi.
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