The responsibility of discriminating between neutral and enemy vessels and between neutral and enemy cargoes obviously rests with the attacking ship, whose duty it is to verify the status and character of the vessel and cargo, and to preserve all papers before sinking or capturing the ship. So, also, the humane duty to provide for the safety of crews of merchant vessels, whether neutral or enemy, is an obligation on every belligerent.
It is upon this basis that all previous discussions of law for regulating warfare have proceeded. The German submarine fulfills none of these obligations. She enjoys no local command of the waters wherein she operates. She does not take her captures within the jurisdiction of a prize court. She carries no prize crew which can be put aboard prizes which she seizes. She uses no effective means of discriminating between neutral and enemy vessels. She does not receive on board for safety the crew of the vessel she sinks. Her methods of warfare, therefore, are entirely outside the scope of any international instruments regulating operations against commerce in time of war.
The German declaration substitutes indiscriminate destruction for regulated captures. Germany has adopted this method against the peaceful trader and the non-combatant, with the avowed object of preventing commodities of all kinds, including food for the civilian population, from reaching or leaving the British Isles or Northern France.
Her opponents are, therefore, driven to frame retaliatory measures in order in their turn to prevent commodities of any kind from reaching or leaving Germany.
These measures will, however, be enforced by the British and French Governments without risk to neutral ships or neutral or non-combatant lives, and in strict observation of the dictates of humanity. The British and French Governments will, therefore, hold themselves free to detain and take into port ships carrying goods of presumed enemy destination, ownership, or origin.
It is not intended to confiscate such vessels or cargoes unless they would otherwise be liable to confiscation. Vessels with cargoes which sailed before this date will not be affected.
Britain's New and Original Blockade
American Protests Following the "War Zone" Decrees Defined
The first definite statement of the real character of the measures adopted by Great Britain and her allies for restricting the trade of Germany was obtained at Washington on March 17, 1915, when Secretary Bryan made public the text of all the recent notes exchanged between the United States Government and Germany and the Allies regarding the freedom of legitimate American commerce in the war zones. These notes, six in all, show that Great Britain and France stand firm in their announced intention to cut off all trade with Germany. The communications revealed that the United States Government, realizing the difficulties of maintaining an effective blockade by a close guard of an enemy coast on account of the newly developed activity of submarines, asked that "a radius of activity" be defined. Great Britain and France replied with the announcement that the operations of blockade would not be conducted "outside of European waters, including the Mediterranean."
The definition of a "radius of activity" for the allied fleet in European waters, including the Mediterranean, is the first intimation of the geographical limits of the reprisal order. Its limits were not given more exactly, the Allies contend, because Germany was equally indefinite in proclaiming all the waters surrounding Great Britain and Ireland a "war zone." The measures adopted are those of a blockade against all trade to and from Germany—not the historical kind of blockade recognized in international law, but a new and original form.