CHAPTER XXVI
HOW “NEUTRAL” WATERS ARE VIOLATED
[THE THREE-MILE LIMIT] — [BELLIGERENTS’ RIGHTS] — [NOTICE IN LEAVING NEUTRAL WATERS] — [EVASIONS OF NEUTRALITY.]
“A neutral has a perilous part to sustain.” So says Louis XI to his treacherous minister, Cardinal Balue, in Scott’s famous novel. The dictum is true enough even when a strong state is in question. For Great Britain the question of neutrality is of great importance in so far as it affects her on the sea. Historically, of course, neutrality is rather a modern development. Small and weak states in the earlier ages of the world had little hope of keeping themselves free from the havoc of a great world conflict. Great naval powers, such as the Hanseatic League, Genoa, and Venice, did, during the Middle Ages, succeed at times in inspiring respect for their neutrality, but it was at best precarious, and strong states rarely paid much respect to neutral waters. Early in the reign of Charles I the Dutch destroyed a Spanish fleet in the very Downs; and though Charles was master of a strong naval power he made no attempt to resent the insult. In this case, of course, there were special reasons for England’s apathy, but the incident is significant. Roughly speaking, it may be laid down as an axiom that in all the ages of history the neutrality of a state, on sea as on land, has been respected only in so far as it has possessed the power to make it so.
THE THREE-MILE LIMIT
During the Napoleonic wars, Great Britain was in constant trouble with the United States owing to the fashion in which British naval commanders exercised, and sometimes abused, the right of searching American ships for contraband of war. The British-American quarrels had the good effect that attempts were made to standardize and establish on a firm basis the laws of neutrality at sea. The naval portion of the Neutrality Conference of 1907 contains twenty-eight clauses, of which the first provides that belligerents must respect neutral waters. Where the coast borders the open sea the neutral zone extends to three miles from the shore. As this is well within the range of even small naval guns it is clear that an opportunity is afforded to an unscrupulous captain of sinking vessels which have crossed the neutral line. In the case of a power controlling the entrance to inland seas the provision becomes of enormous importance.
BELLIGERENTS’ RIGHTS
Within neutral waters belligerents may not take prizes, hold prize courts, nor establish warlike bases, nor may they obtain supplies therein. At the same time neutrality is not held to be compromised by the simple passage through neutral waters of belligerent ships and prizes. Belligerent vessels may also obtain the help of pilots. The neutral state must use all its endeavor to be impartial and must expel or warn off vessels guilty of breaches of neutrality.
Except in special cases a belligerent warship may make a stay of only twenty-four hours in neutral waters. The special cases would usually be those of vessels disabled or otherwise in distress or storm-bound. When damaged a warship may remain long enough in a neutral port to effect necessary repairs, but it must not take on board extra armament, ammunition, or reinforcements of men. If out of coal it must only take on board sufficient to carry it to its nearest home port. Nor is it supposed to fill up with food stores beyond its ordinary supply in time of peace. In all these cases the neutral authorities are the judges. It must be obvious that a weak neutral state will be in a terrible quandary if the vessel be a powerful one and the country to which it belongs a powerful one.
NOTICE IN LEAVING NEUTRAL WATERS
The belligerent ship must give twenty-four hours’ notice before leaving, and must not visit the same port again until three months have elapsed. Should it break the neutrality laws the neutral state authorities may incapacitate it for immediate service and detain it, leaving on board just as many of the crew as are necessary to keep it clean and in order. The steps taken would generally be to remove the vitally necessary engine and gun fittings. Should two hostile ships enter a neutral port they must, while there, observe its neutrality, and must leave at an interval of twenty-four hours.