Page:EB1911 - Volume 19.djvu/468

 To some extent the difficulty of determining the extent of relative neutral duty is overcome by the issue of proclamations of neutrality; but neutrality and its rights and duties are in no respect dependent on their being proclaimed by the neutral power. Germany issues no proclamation; at least the German empire has issued none in

Connexion with the different wars which have taken place since 1870. The Austro-Hungarian government during the same period only in the case of the war of 1870 itself, and in 1877, issued proclamations, and these probably had objects outside the ordinary purposes of proclamations of neutrality, and its usual practice is the same as that of Germany. France usually issues a short general proclamation, and Great Britain a more detailed one, which must be as old as the “ancient custom” of its being publicly read from the steps of the Royal Exchange by the sergeant-at-arms and common crier of the City of London. The British proclamation practically recites the Foreign Enlistment Act 1870 (an act to regulate the conduct of His Majesty’s subjects during the existence of hostilities between foreign states with which His Majesty is at peace), admonishes all persons entitled to British protection to observe and respect the exercise of those belligerent rights which “We and Our Royal Predecessors have always claimed to exercise,” and warns them that any such persons “breaking, or endeavouring to break, any blockade lawfully and actually established” by either belligerent, “or carrying officers, soldiers, despatches, arms, ammunition, military stores, or materials, or article or articles, considered and deemed to be contraband of war, according to the law or modern usages of nations, for the use or service” of either belligerent, “rightfully incur, and are justly liable to, hostile capture and to the penalties denounced by the law of nations in that behalf.” During the South African War no proclamation of neutrality was issued by any country.

No purely mercantile transactions are considered a violation of neutrality. Six years before the American Civil War, President Pierce, in his message to the Thirty-fourth Congress, first session, made the following statement:—“The laws of the United States do not forbid their citizens to sell to either of the belligerent powers articles of

contraband of war, or to take munitions of war or soldiers on board their private ships for transportation; and although in so doing the individual exposes his person or property to some of the hazards of war, his acts do not involve a breach of the national neutrality, nor of themselves implicate the government.” This statement of international practice has been confirmed by art. 7 of the Hague Convention of October 18, 1907, on the Rights and Duties of Neutral States and Persons on Land (see below).

During the Franco-German War there was correspondence between the Prussian diplomatic representatives in London and at Washington and the British and United States foreign secretaries concerning shipments of arms and ammunition to the French armies, in which the Prussian government contended that it was incompatible with strict neutrality that French agents should be permitted to buy up in the neutral country, under the eyes and with the cognizance of the neutral government, “many thousands of breech-loaders, revolvers, and pistols, with the requisite ammunition, in order to arm therewith the French' people, and make the formation of fresh army corps possible after the regular armies of France had been defeated and surrounded.” Nothing, however, was done to prevent the departure of these supplies. Both the British and United States governments claimed entire liberty for the traffic in question.

In the case of loans publicly issued or raised on neutral territory the position is a little different, inasmuch as the neutral state is necessarily cognizant of the fact. No restriction, however, is imposed by international usage, and provided the same rights are granted to both belligerents, either or both can raise money ad libitum in

neutral countries. Thus neutral states did not prevent the issue on their territory of the Russian War loan of 1876–1877. Nor in the war of 1894 between China and Japan was any opposition made by Japan to the raising of the Chinese loan in London. Art. 18 of the Hague Convention on the Rights and Duties of Neutral States and Persons on Land (see below) confirms the existing practice.

Neutrality Reforms.—At the Hague Peace Conference 1899 a suggestion. was agreed to, without discussion, that a further state conference should be held for the purpose of dealing specially with neutrality. At the Conference of 1907 this was done, with the result that two fairly exhaustive conventions were adopted.

The general provisions relating to neutrality are as follow:—

. 1.—Neutral territory is inviolable.

. 2.—Belligerents are forbidden to send troops or convoys either of munitions of war or of provisions through the territory of a neutral state.

. 3.—Belligerents are also forbidden:—

(a) To instal, on the territory of a neutral state, a radio-telegraphic station or any apparatus intended to serve as a means of communication with the belligerent forces on land or sea;

(b) To make use of any installation of like nature, erected by them before the war, on the territory of the neutral state, for an exclusively military purpose, and which has not been opened to the service of public correspondence.

. 4.—Bodies of combatants shall not be formed or recruiting offices opened on territory of a neutral power for the benefit of the belligerents.

. 5.—A neutral state shall not allow on its territory any of the acts mentioned in arts. 2 to 4. It is only bound to repress acts contrary to neutrality in case they have been committed on its own territory.

. 6.—A neutral state is not responsible where individuals separately pass the frontier to place themselves at the disposal of either belligerent.

. 7.—A neutral state is not bound to prevent exportation or transit for the account of either belligerent, of arms, munitions of war, and, in general, of anything which may be useful for an army or a fleet.

. 8.—A neutral state is not bound to prohibit or restrict the use, for belligerents, of telegraphic or telephonic cables, or of wireless telegraphy apparatus, which are its property or that of companies or [private individuals.

. 9.—Any prohibitive or restrictive measures adopted by a neutral state relative to the matters mentioned in arts. 7 and 8 shall be applied uniformly by it to both belligerents. The neutral state shall see that this obligation is observed by companies or private individuals owning telegraphic or telephonic cables or wireless telegraphic apparatus.

. 10.—The act by a neutral state of resisting any violation of its neutrality, even by force of arms, cannot be regarded as an act of hostility.

. 11.—A neutral state receiving, on its territory, troops belonging to the belligerent armies, shall, as far as possible, keep them distant from the area of hostilities. It may keep them in camps, and even shut them up in fortified places, or in places suitable for this purpose. It shall decide whether officers may be left at liberty or parole not to leave the neutral territory without authorization.

. 12.—When there is no special convention a neutral state shall supply internal prisoners with food, clothing, and the aid which humanity calls for. When peace is established, the cost of keeping the prisoners shall be reimbursed.

. 13.—A neutral state receiving escaped prisoners of war shall leave them at liberty. If it allows them to stay on its territory, it may appoint a place of residence for them. The same rule is applicable to prisoners of war brought by troops taking refuge on neutral territory.

. 14.—A neutral state may authorize the passage on its territory of wounded or sick belonging to the belligerent armies, on condition that the trains which carry them shall 'transport none of the fighting force and no materials of war. In such a case, the neutral state is bound to take the necessary steps to ensure safety and control.,

The wounded or sick brought in these circumstances into neutral territory by one of the belligerents, and belonging to the enemy, shall be detained by the neutral state in such a way that they cannot