Chapter II: Preface: To the Third Edition

This, doubtless final, edition of my letters upon War and Neutrality contains, by renewed kind permission of _The Times_, the whole series of such letters, covering a period of no less than forty years. To the letters which have already appeared in former editions, I have now added those contained in the "Supplement" of 1916 (for some time out of print) to my second edition; as also others of still more recent date. All these have been grouped, as were their predecessors, under the various topics which they were intended to illustrate. The explanatory commentaries have been carefully brought up to date, and a perhaps superfluously full Index should facilitate reference for those interested in matters of the kind. Such persons may not be sorry to have their attention recalled to many questions which have demanded practical treatment of late years, more especially during the years of the great war.

Not a few of these questions are sure again to come to the front, so soon as the rehabilitation of International Law, rendered necessary by the conduct of that War, shall be seriously taken in hand.

T. E. H. OXFORD, _April_ 25, 1921.

CONTENTS

CHAPTER I

MEASURES SHORT OF WAR FOR THE SETTLEMENT OF INTERNATIONAL CONTROVERSIES 1

SECTION 1 _Friendly Measures_ 1

The Petition to the President of the United States (1899) 2 Commissions of Enquiry and The Hague Convention (1904) 3 The League of Nations (1919) 7 " " " " ( " ) 8 " " " " (1920) 9

SECTION 2 _Pacific Reprisals_ 9

The Blockade of the Menam (1893) 10 Pacific Blockade (1897) 11 The Venezuelan Controversy (1902) 13 The Venezuela Protocol (1903) 18 War and Reprisals (1908) 18

CHAPTER II STEPS TOWARDS A WRITTEN LAW OF WAR 22

Count von Moltke on the Laws of Warfare (1881) 23 Professor Bluntschli's Reply to Count von Moltke (1881) 26 The United States Naval War Code (1901) 29 A Naval War Code (1902) 31

CHAPTER III

TERMINOLOGY 33

International Terminology (1918) 33

CHAPTER IV

CONVENTIONS AND LEGISLATION 36

Government Bills and International Conventions (1911) 36 The present Bill in Parliament (1914) 38 The Foreign Enlistment Bill (1912) 39

CHAPTER V

THE COMMENCEMENT OF WAR 41

SECTION 1 _Declaration of War_ 41

The Sinking of the _Kowshing_ (1894) 41

SECTION 2 _The Immediate Effects of the Outbreak of War_ 44

Foreign Soldiers in England (1909) 45 The Naval Prize Bill: Civil Disabilities of Enemy Subjects (1911) 47 Enemy Ships in Port (1917) 49

CHAPTER VI

THE CONDUCT OF WARFARE 50

SECTION 1 _On the Open Sea_ 51

The Freedom of the Seas? (1917) 51

SECTION 2 _In Other Waters_ 51

The Suez Canal (1898) 51 " " " ( " ) 51 " " " ( " ) 53 " " " ( " ) 54 The Closing of the Dardanelles (1912) 55 " " " " " ( " ) 58

SECTION 3 _In a Special Danger Zone?_ 59

The German Threat (1915) 59

SECTION 4 _Aerial Warfare_ 61

The Debate on Aeronautics (1909) 61 The Aerial Navigation Act (1913) 63 Sovereignty over the Air (1913) 65 Attack from the Air: The Enforcement of International Law (1914) 66 " " " " The Rules of International Law (1914) 67

SECTION 5 _Submarines_ 69

Germany and the Hague (1914) 69 The "Pirates" (March 13, 1915) 70 Submarine Crews (March 22, 1915) 71 Mr. Wilson's Note (May 16, 1915) 72

SECTION 6 _Lawful Belligerents_ 73

Guerilla Warfare (1906) 73 The Russian Use of Chinese Clothing (1904) 75 The Rights of Armed Civilians (1914) 77 Civilians in Warfare: The Right to take up Arms (1914) 78 Civilians and a Raid (1914) 79 Miss Cavell's Case (1915) 79

SECTION 7 _Privateering and the Declaration of Paris_ 80

Our Mercantile Marine in War Time (1898) 81 " " " " " " ( " ) 84 Our Mercantile Marine in War (1898) 87 The Declaration of Paris (1911) 87 " " " " (1914) 89 " " " " (1916) 91 " " " " (1916) 92

SECTION 8 _Assassination_ 93

The Natal Proclamation (1906) 93

SECTION 9 _The Choice of Means of Injuring_ 94

Bullets in Savage Warfare (1903) 94 Gases (1918) 97

SECTION 10 _The Geneva Convention_ 98

Wounded Horses in War (1899) 98

SECTION 11 _Enemy Property in Occupied Territory_ 100

International "Usufruct" (1898) 101 Requisitions in Warfare (1902) 103

SECTION 12 _Enemy Property at Sea_ 104

Private Property at Sea (1913) 104

SECTION 13 _Martial Law_ 105

The Executions at Pretoria (1901) 106 The Petition of Right (1901) 108 The Petition of Right (1902) 109 Martial Law in Natal (1906) 111

SECTION 14 _The Naval Bombardment of Open Coast Towns_ 112

Naval Atrocities (1888) 113 The Naval Manoeuvres (1888) 113 " " " ( " ) 117 Naval Bombardments of Unfortified Places (1904) 120

SECTION 15 _Belligerent Reprisals_ 123

Reprisals (1917) 123
" ( " ) 124

SECTION 16 _Peace_ 124

Undesirable Peace Talk (1915) 124

CHAPTER VII

THE RIGHTS AND DUTIES OF NEUTRALS 126

SECTION 1 _The Criterion of Neutral Conduct_ 126

Professor de Martens on the Situation (1905) 126 Neutrals and the Laws of War (1915) 127

SECTION 2 _The Duties of Neutral States, and the Liabilities of Neutral Individuals, distinguished_ 129

Contraband of War (1904) 130 Coal for the Russian Fleet (1904) 132 German War Material for Turkey (1911) 135

SECTION 3

_Neutrality Proclamations_ 135

The British Proclamation of Neutrality (1904) 136 " " " " ( " ) 138 " " " " (1911) 141 The Proclamation of Neutrality (1911) 143

SECTION 4

_Neutral Hospitality_ 143

Belligerent Fleets in Neutral Waters (1905) 144 The _Appam_ (1916) 146

SECTION 5

_Carriage of Contraband_ 147

_Absolute and Conditional Contraband_ 147
Contraband of War (1898) 147
Is Coal Contraband of War? (1904) 149
Cotton as Contraband of War (1905) 151
" " " " (1916) 154
Japanese Prize Law (1905) 155
" " " (1915) 157

_Continuous Voyages_ 157
Prize Law (1900) 158
The _Allanton_ (1904) 161

_Unqualified Captors_ 162
The _Allanton_ (1904) 162

SECTION 6

_Methods of Warfare as affecting Neutrals_ 164

_Mines_ 164
Mines in the Open Sea (1904) 164
Territorial Waters (1904) 166

_Cable-cutting_ 168
Submarine Cables (1881) 168
" " in Time of War (1897) 169
" " " " " " ( " ) 171

SECTION 7

_Destruction of Neutral Prizes_ 173

Russian Prize Law (1904) 174
" " " ( " ) 177
" " " ( " ) 178
The Sinking of Neutral Prizes (1905) 179

SECTION 8

_An International Prize Court_ 181

An International Prize Court (1907) 182 A New Prize Law (1907) 183 " " " " ( " ) 186 " " " " ( " ) 189

SECTION 9

_The Naval Prize Bill_ 191

The Naval Prize Bill (1910) 192 " " " " (1911) 194 Naval Prize Money (1918) 195

SECTION 10

_The Declaration of London_ 196

The Declaration of London (1909) 196 " " " " (1910) 197 " " " " (1911) 199 " " " " ( " ) 202 " " " " ( " ) 203 " " " " (1915) 204 " " " " (1916) 205 Germany wrong again (1917) 207

INDEX 209