SECTION 6
Methods of Warfare as affecting Neutrals
(Mines)
On the views expressed in the first of the two letters which follow, as also in the writer's British Academy paper on Neutral Duties, as translated in the Marine Rundschau, see Professor von Martitz of Berlin, in the Transactions of the International Law Association, 1907. The Institut de Droit International has for some years past had under its consideration questions relating to mines, and has arrived at conclusions which will be found in its Annuaire, t. xxi. p. 330, t. xxii. p. 344, t xxiii. p. 429, t. xxiv. pp. 286, 301.
The topic has also been dealt with in The Hague Convention, No. viii. of 1907, ratified with a reservation, by Great Britain on November 27, 1907. By Art. 1 it is forbidden "(1) to lay unanchored automatic-contact mines, unless they are so constructed as to become harmless one hour at most after he who has laid them has lost control over them; (2) to lay anchored automatic-contact mines which do not become harmless as soon as they have broken loose from their moorings; (3) to employ torpedoes which do not become harmless when they have missed their mark." By Art. 2, (which is, however, not accepted by France or Germany) it is forbidden "to lay automatic-contact mines off the coast and ports of an enemy, with the sole object of intercepting commercial navigation."
Sir,—The question raised in your columns by Admiral do Horsey with reference to facts as to which we are as yet imperfectly informed, well illustrates the perpetually recurring conflict between belligerent and neutral interests. They are, of course, irreconcilable, and the rights of the respective parties can be defined only by way of compromise. It is beyond doubt that the theoretically absolute [165]right of neutral ships, whether public or private, to pursue their ordinary routes over the high sea in time of war, is limited by the right of the belligerents to fight on those seas a naval battle, the scene of which can be approached by such ships only at their proper risk and peril. In such a case the neutral has ample warning of the danger to which he would be exposed did he not alter his intended course. It would, however, be an entirely different affair if he should find himself implicated in belligerent war risks, of the existence of which it was impossible for him to be informed, while pursuing his lawful business in waters over which no nation pretends to exercise jurisdiction.
It is certain that no international usage sanctions the employment by one belligerent against the other of mines, or other secret contrivances, which would, without notice, render dangerous the navigation of the high seas. No belligerent has ever asserted a right to do anything of the kind; and it may be in the recollection of your readers that strong disapproval was expressed of a design, erroneously attributed to the United States a few years since, of effecting the blockade of certain Cuban ports by torpedoes, instead of by a cruising squadron. These, it was pointed out, would superadd to the risk of capture and confiscation, to which a blockade-runner is admittedly liable, the novel penalty of total destruction of the ship and all on board.
It may be worth while to add, as bearing upon the question under discussion, that there is a tendency in expert opinion towards allowing the line between "territorial waters" and the "high seas" to be drawn at a considerably greater distance than the old measurement of three miles from the shore.
I am, Sir, your obedient servant,