[In the World War by Count Ottokar Czernin]@TWC D-Link book
In the World War

CHAPTER XII
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Not to mention the fact that it would open the way for all kinds of abuses if a belligerent were forced to lay down arms at the bidding of any neutral whom it might please to make use of enemy ships for business or pleasure.

No doubt has ever been raised as to the fact that subjects of neutral states are themselves responsible for any harm they may incur _by their presence in any territory on land where military operations are in progress_.

Obviously, there is no ground for establishing another standard for naval warfare, particularly since the second Peace Conference expressed the wish that, pending the agreement of rules for naval warfare, the rules observed in warfare upon land should be applied as far as possible at sea.
From the foregoing it appears that the rule as to warning being given to the vessel itself before such vessel is sunk is subject to exceptions of various kinds under certain circumstances, as, for instance, the cases cited by the Union Government of flight and resistance, the vessel may be sunk without any warning; in others warning should be given before the vessel sails.

The Austrian Government may then assert that it is essentially in agreement with the Union Government as to the protection of neutrals against risk of life, whatever may be the attitude of the Washington Cabinet towards some of the separate questions here raised.

The Austrian Government has not only put into practice throughout the war the views it holds in this respect, but has gone even farther, regulating its actions with the strictest care according to the theory advanced by the Washington Cabinet, although its assurance as published only stated that was "essentially in agreement" with the Union Government's views.
The Austrian Government would be extremely satisfied if the Washington Cabinet should be inclined to assist it in its endeavours, which are inspired by the warmest feelings of humanity, to save American citizens from risk at sea by instructing and warning its subjects in this direction.
Then, as regards the circular verbal note of February 10 of this year concerning the treatment of armed enemy merchant vessels, the Austrian Government must in any case declare itself to be, as indicated in the foregoing, of the opinion that the arming of trading ships, even when only for the purpose of avoiding capture, is not justified in modern international law.


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