[Letters To """"The Times"""" Upon War And Neutrality (1881-1920) by Thomas Erskine Holland]@TWC D-Link bookLetters To """"The Times"""" Upon War And Neutrality (1881-1920) CHAPTER VII 60/110
(The _Manuel des lois de la guerre maritime_, voted at Oxford in 1913, dealing exclusively with "les rapports entre les belligerants," does not deal with the topic in question.) It was, however, the opinion of the present writer, as will appear from the following letters, that no rule of international law, by which the sinking of even neutral prizes was absolutely prohibited, could be shown to exist.
He had previously touched upon this question in his evidence before the Royal Commission on the Supply of Food, &c., in Time of War, on November, 4, 1903, and returned to it later in his paper upon "The Duties of Neutrals," read to the British Academy on April 12, 1905, _Transactions_, ii.p.66.It was reproduced in French, German, Belgian, and Spanish periodicals, and was cited in the judgment of the St.Petersburg Court of Appeal in the case of the _Knight Commander._ The subsequent history of the question, and, in particular, of the rules suggested in Arts.
48-54 of the unratified Declaration of London, may be claimed in favour of the correctness of the opinion maintained in the letters. RUSSIAN PRIZE LAW Sir,--The neutral Powers have serious ground of complaint as to the mode in which Russia is conducting operations at sea.
It may, however, be doubted whether public opinion is sufficiently well informed to be capable of estimating the comparative gravity of the acts which are just now attracting attention.
Putting aside for the moment questions arising out of the Straits Convention of 1856, as belonging to a somewhat different order of ideas, we may take it that the topics most needing careful consideration relate to removal of contraband from the ship that is carrying it without taking her in for adjudication; interference with mail steamers and their mail bags; perversely wrong decisions of Prize Courts; confiscation of ships as well as of their contraband cargo; destruction of prizes at sea; the list of contraband.
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