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 right of search might be looked on as a concession, or an
infringement of jurisdiction, in the case of ships not carrying
contraband. Yet even this does not bear analysis; for, as ‘Historicus’
points out, ‘when a trade in contraband is notoriously and extensively
carried on, it exposes the innocent as well as the guilty to suspicion
and search, and this is precisely why the Queen in her proclamation
of neutrality exhorts her subjects to abstain from such a trade.’[45]
The proclamation in fact admits that this search of _all_ vessels on
suspicion is an integral and inevitable part of the right of search. It
is not a concession, but only the logical extension of the belligerent
right to capture contraband on neutral vessels, and to take all steps
necessary to attain that end. It is a part of the belligerent right.
This question does not arise in connexion with blockade, for there
there is no search, and all things become contraband of war.
_The Doctrine of ‘Continuous Voyages’ and the Order in Council_
But although I have been obliged to devote great space to these
preliminary subjects, the point of the Protest is still to come.
The condition attached by the United States to its theory of the
‘long-distance blockade’ is that free admission and exit must be
accorded ‘to all lawful traffic with neutral ports through the
blockading cordon.’ ‘Lawful traffic,’ it is explained, ‘would of
course include all outward-bound traffic from the neutral country, and
all inward-bound traffic to the neutral country except contraband in
transit to the enemy.’ This must be read with a sentence which occurs
earlier in the Protest:--
It is confidently assumed that His Majesty’s Government will not deny
at once [_i.e._ presumably, ‘will at once admit’] that it is a rule
sanctioned by general practice that, even though a blockade should
exist and the doctrine of contraband as to blockaded territory be
rigidly enforced, _innocent shipments may be freely transported to
and from the United States through neutral countries to belligerent
territory_ without being subject to the penalties of contraband
traffic or breach of blockade, much less to detention, requisition, or
confiscation.
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