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 discussion of narrow rules hinders the clear vision of the things
which are; and of these the all-important one is that, call it by what
name you please, a belligerent _will_, whenever he has the power, take
the necessary steps to cut off _all_ supplies from the enemy; and he
will cut them off whether they are going by direct route or indirectly
through a neutral port. The old conditions under which that power was
exercised have, it is agreed, passed away; the power, which we call
the right, remains. The Government of the United States contends,
on behalf of its merchants, that they have the right to evade and
therefore to nullify that power by supplying the enemy, indirectly
and without risk, with those cargoes which they cannot safely supply
him with directly. Surely the proposition is impossible on the face
of it. To call such cargoes ‘innocent’ is to beg the question. The
introduction of the atmosphere and terms of the criminal law has done
more to fog the public comprehension of this branch of international
law than any inherent complexity of the problems with which it deals.
Yet here it will serve to bring home the inaccuracy of the American
contention to the public mind; for seizure and condemnation become a
sort of retributive penalty for the neutral merchant’s attempt to evade
what, to continue the language of law, the belligerent has the right
to command, by darkening and disguising his real intention. Judged
even by this imperfect standard, the American Protest has cut away the
ground from its own contention. The doctrine of ‘continuous voyages’
was accepted because of its logical simplicity; and this simplicity
shows that it must extend and reinforce every exhibition of sea-power
by a belligerent against his enemy; and its logic prevents the neutral
merchant from setting up any right, more especially any right which is
not only in conflict with the belligerent right, but is based on deceit
and needs a cloak to hide its real meaning. The right he claims is to
send to the enemy those supplies which the belligerent has declared his
intention and taken effective steps to deprive him of. If the neutral
merchant had such a right it would enable him to diminish the force of
the belligerent blow, to heal the stroke of the wound.
_Reprisals_
There has been much talk of retaliation. The Order in Council
has adopted the formula of the first of the Orders in Council of
1807,[47] that the action of the enemy has given to His Majesty the
‘unquestionable right of retaliation,’ and it has been assumed, too
readily as I venture to think, that this is an admission that our
action to-day falls outside the principles sanctioned by international
law. The American newspapers have found apt expression of their
criticism in the ancient adage ‘Two wrongs do not make a right.’ And in
the Protest of the Government this sentence occurs:
Public-domain text, read in full here on John Shaqi.
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