The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1915-02-17
Ignorance of international Law.

| fOpular COmmOt1On and excited newspaper
comment regarding the German war zone procla'
nation the raising of the American flag by the
Lusitania, and other similar incidents growing on,
of the in Europe are, OF course, very natural
Nevertheless sorry to say that most OF
this popular commotion and excited newspaper
comment based upon profound ignorance OF
international law; and this ignorance of we'll
established legal principles. far international
rights and customs concerned, has been nota-
bic in the United States ever since the start
| cd. 1t has been the more notable on the part of
| the young who write the headlines for the
newspaper stories. Their excuse is that they are
not supposed to be international lawyers and that
they arc supposed to find material for a sensation
whenever they do But ignorance is in
cxcusablc the part of newspaper editorial
writers. who supposed to be reasonably in
telligcnt; and it is absolutely henous when it
characterizes the acts of great and powerful gov
ernments.
The occasional of neutral flag by either
the warship or the merchant vessel OF beiligcr-
ent nation is OF old itself
and as such is perfectly justifable under inter-
national law 1t is very different from the use
of white flag in order to lure enemy, or
from the use OF the Geneva Red Cross flag by
land forces for the purpose of purely military
pedients. If the Lusitania any other British
merchantmen could avoid capture could secure
the safety of her passengers and cargo by using
the flag OF the United States, she was entitled to
do so and nobody harmed by it except the
war vessels of Germany who may have been de-
ceived by the act. But war is full of receptions,
and the use of neutral flag by a belligerent is
OF them-it being understood that the OF
such flag confers only the possibility OF a physical
immunity from capture. There is pretcnse
that it confers legal immunity from capture.
When a bclligcrent warShip captures assails
merchant vessel at sea, it is incumbent upon the
master of this warshp to first ascertain whether
the merchant vessel in question does in fact be-
long to an enemy. II he makes mistake and
captures assails the merchant vessel of neu-
trail, he does so at his peril. At all times and
under all circumstances the lives OF the and
passengers merchant vessel, whether neutral
or belonging to an enemy, sacred To destroy
these lives is act OF piracy or course, ncu,
trail vessel carrying contraband does so at her
own risk. This has long been perfectly under !!
stood.
As to the war zone" that Germany has pro- |
claimed, it differs little from the war area" which
England delimited some time ago in the North !
Sea. This delimtation was not the establishment !
Of formal blockade as so many people have sup |
posed. 1t only notification TO the world that !
within the thus described military and nav al
operations being conducted and, that, there
fore, this good place for neutral vessels |
TO keep out OF, since they in more or less l.
Danger of getting hurt if they attempted to traverse
it. If formal blockade were established, it
would impose certain disabilities upon neutral |
vessels attempting to traverse the area. and it
would also impose certain inconvenience upon
he nation proclaiming the blockade A neutral
,essel has no business whatever in blockade
egally and regularly established. The vessel is
subject to capture under such conditions, whether
or not she carries contraband and it is the custom
If all neutral nations, upon the formal proclama-
ion of blockade, to issue proclamation in their
,wn turn to their own people commanding them
O recognize the blockade and oftcntimcs threat
ming her people with punishment if they attempt
blockade running" On the other hand, block
de OF this sort to be recognized in international
aw must be effective and not a paper"
blockade. Ii Germany wishes to blockade the
cast OF England she cannot do so by merely II
nnouncing state OF blockade. She must en-
ircle the coast of England with a sufficient num-
er OF ships to physically keep out intruders Also
he ships creating such a blockade must be OF I
UGH a character that they can take off the /
nd passengers of enemys ship that may be i
cstroyed far distant from land The sinking OF f
neutral merchantmen by a belligcrcnt warship ID
pom the pretense that the ship belongs to an In
nemy, and without any effort to convoy such t
lcrchantman into seaport where prize court c
an take cognzancc OF her actual character, would
c an act OF less extreme than the bonn h
ardmcnt OF neutral seaport by the same war, {
hip.
Gcrmanys war zone proclamation is a matter
bluff. pure and simple. She knows perfectly
ell that the sinking OF American merchant
csSel by one of her submarines would be dccla-
alton OF war against the United States; and the
ct would not be palliated excused in the slight
st degree by the fact that numberlcss occa-
ons British merchantmen have flown the Amcri-
an flag, they have the privilege OF doing. in ,
rider TO avoid capture.