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.

EVASIONS OF NEUTRALITY

It must be obvious from all this that the inviolability of neutrality

will always depend very much upon the ability of the state concerned to

keep it so.

It is not difficult, either, to imagine various methods by which the

neutrality, which is supposed to govern within the three-mile limit, may

be evaded. It is only necessary to cite the case of a war vessel unable

to overtake a fast merchant-man until the latter reaches neutral waters,

but successful in sinking it by long-range gun-fire from a point outside

the three-mile limit.

Horrors and Atrocities of the Great War Including the Tragic Destruction of the Lusitania · 第 26 / 36 章