The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-11-23
NEUTRALS WRONCED
BY MINES, He SAYS
Prof. de Lapradelle Asserts
Warning Nations Arc Violat-
ing International Law.
UPHOLDS PROTEST RIGHT

Prot. r. G. de- Lapradolie. ovcft,s.
professor from the University Of Pass o..
Columbia and an authority on luut...
tional law, discussed yesterday tho '.v 2
OF mines as a violation o. tho p-,rr.ut
of the freedom of tho sea 1t is upon Or.
principle, he said. that neutral u.tu.,
may make protests.
Prof. de Lapradelle quoted rroVs.1a,
OF the eighth Hague convention Of October
IS. 1907. and then pointed out the'r Eau.
This convention Is faulty" he si.l
Article l. prescribes giving to mines
certain mechanism. such as TO r,nd.r
them harmless ut a certain tint. Rut
Article VI. permits TO thoss Power.
which have not yet at their disposal i'm
proved mines such az provided Tor %
this convention to keep their Old materiG
on condition of altering 1t as soon as
possible which is decidedly vague wa
of putting IL. Moreover. tho convention
does not specify In which part OF tts
sea such mines may no placed. whether
In marginal seas or in open sea. II Il
for hidden to place In The open sea auto
matte mines Of contact whether or no.
they arc moored? The Institute OF Inter
national Law expressly forbids II In -
nously adopted at oxford In 1918, which
may be considered as being the unanimous
expression OF the doctrine.
why do We ind such mperfections In
she conference OF 1907? IL Is because
Great Britain. whose commercial navy
was threatened by the laying of rlnes
was as anxious to restrict the LAYING -;
them as Germany was DESTROYS OF keeping
that privilege, inasmuch as II was a mos
effective arm against Great Britain, how
ever 1t might be- to neutral nations.
"Great Britain tried IN vain to ohtal-
that no mine moOred or floating he place
In the open sea Sir Ernest Satow d.
clare1 that Great Britain considered this
convention as merely II first step toward
satisfactory settlement Of the question.
because according 10 rhat convention
neither tho right OF neutral Powers to
protection nor sentiments OF humanity
were taken sufficiently into consideration
"iermanys chief Delegate Marschah
Won Biebersteln. merely answered:
THAT belligerent who lays MINIS
assumes u very heavy responsibility toward
neu'rals and pacific navigation. on ms
point We are all agreed. No ono Will
resort to this weapon without absolutely
urgent military reasons, and military
operations are not governed solely By the
provisions OF International law There
arc other factors Conscience. common
sense and the sense OF duty imposed by
principles OF humanity will be ss,>st
guides for the sailors behavior and ' lil
constitute the most efficaGous guarantee
against abuse.
..'The officers OF tho German navy. l.t
m. publicly affirm, Ill always fulhl In tho
strictest possible manner tho duties which
proceed from the unwriten law OF hui
manlty and civilization
"Gt il we'll to notice that this declaration
| 81 Marschall Won Biebers,ein. in tina, II
De- Al. - to-. tfiv.e a 1atp gf,I
| such az to leave Germany free TO us-
her own discretion In the matter, Is justly
| open 20 suspicion.
The question u not to know which
! PYw.g IFS responsible for the failure -
! Great Er.taMs LIBERAL propositions, but 10
! i-'ermine what is at present the positive
! International law.
May sienatoty Powers not only lay
| anchored mines in the open sea but also
! after a short while leave them there
urguardcd2 Articles / and Ill OF 30
! convention. formal declarations OK de-
gates 20 The Haeue and the general trend
| ~ the convention dispel any possib'-
| doubts ON the question. For however In
| perfect the convention may be. It none no
/ less dem udS that hellise-eD-s Keep co -
! trol Of their mines.
! According 10 Article VII, tho provisions
/ ~ the convention are only applicable
| provided the bellicererts are all ptr'."'
]
tho fact that Seryla. as non-mar.i 80
| state. di1 not sirn the convention, II on1
| may deny that entrance in'o the vtr
! by non-siGnatory Turkey on the inst
cation OF Germany frees Germany OF ''r
obligations, the fact remains that Rms =
! has not as Vet signed the convention.
| In the absence OF any convention "
| the laying OF mines in ths open So
| absolutely free Ccrt2inlv not As have
| already stated IN an article In The H''
! des Dour Mordes OF August. 1905, tn" o. pc
! ciple Of the freedom o' Tho SOFT j. opp >
60 any action by which p'ligcr"n's
! prevent the navigation of hat 'Ns on iAN
oI-en sea OF which they can have hut H. -
mrutary control AT best II H. ur'H
/ principle that neutral power mos 80
any prot.s; l'.uu- they deem. 1It sIH
Prof. de- Lapradele i go'Hg 20 'er'Nrs
on this subject At Columbia ou N'i''' ar
/ afternoon. discussing az TIE str"
aerial warfare from the st'u .I..''
f.s,. ion, 4