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.