Evening star., 1915-04-04
HOLLAND AND NEUTRALITY

The sinking of the Holland merchant
ship Medea OF Beachy Head on the
25th ultimo by the Ger
Sinking of man submarine U-2s
A.. is the all-absorbing
the Medea. question in diplomatic
circles. and Germany's reply to Hol-
lands note asking for explanation is
awaited with interest. Tho ship was
flying the Dutch flag. says the admiral
tvs report "She had Dutch crew
aboard and her name Medea-Amster-
dam was painted in large letters on
her Sides"
Reuters Amsterdam correspondent
gives the outline of a statement from
the Handelsblad on the 26th ultimo,
which says "the steamers orange cargo
could not have even been considered
conditional contraband.'" and adds:
Tho sinking of the Medea is an act of
arbitrary violence which cannot be
considered a 1amentable error"
A dispatch from The Hague referring
to the request for explanations, says:
The newspapers are taking serious
view Of the situation. owing. as they
put 1t. to the repeated unpleasant In
cidents.'" They refer to the present sea
warfare as competition In illegaltty."
What Napoleon said in 1892. 1t is as
serted, is' more or less true today. The
law of nations that governs maritime
war has remained In all it's savagery.
Private property is confscated, 1ndi-
vidual non-combatants are made pris-
oners. The laws that govern war on
land are more conformable with civiii-
zatfon and the status of private IN
dividuals, and 1t Is desirable that the
time should como when the same I'D
eral ideas should extend to war on
the sea-.
Nevertheless the conference OF The
Hague in 1907 established no less than
seven agreements for naval warfare
Agreement No. treated OF enemy mer.
chant ships in the commencement OF
hostilities; No. Z Of the conversion of
merchant ships into warships: No. of
mines; No. 9 Of naval bombardments; I;
No 10 of sick and wounded; No. IL cap
tives; No. 12 international prize courts; !;
No. 13 neutrals. OF them England rat
flied without reserve Nos. and z; she
adhered to and 9. but with reserve.
The Institute of International Law
on several occasions accepted the prin-
ciple of an interna-
Rules of Naval tional court of ap-
- peal, and article Of
Wai1aAe. agreement IL Of the
conference of The Hague stipulated
that In default of a treaty regulating
matters between the governments of
parties in litigation and Of rules gen.
orally recognized of international law
fixing the question. the international
court Of appeal might decide con
formally to the general principles Of
Justice and equity" This was un-
doubtedly SO vague that the final act
of the conference expressed the desire
that a rule relative to laws and usages
of naval warfare should be included in
the program of the next conference.
The English government did not ad-
here to convention IL.
1t is confessed since a long time by
the highest authorities on international
the regime of the pr.ze courts as
these courts were actually organized
would be found extremely defective,
and for a fact they would fail to be inn
partial
The reform of these courts is neces-
sary. and only recently, apropos to the
American note, the London Times.
through its law correspondent, made
certain propositions that merit atten-
tion. Here Is an extract:
Whatever may be the science and
the capacity of the judge president of
court of this character. the tribunal is
badly constituted. The belligerent in
sense is both Judge and the party to
cision should be referred to another
tribunal composed of judges belonging
to the same nationality The absence
of all security really efhcacious Tor the
reasons given in favor Of an interna;,
tional prize court, before which could
be submitted the judgment of national
courts. The objections to the project
of the establishment of that interna,
tional supreme court which would
weigh upon the decision of the cham
Der Of lords were briefly as follows:
at gave, or could give, an unlim-
tied power to nations having little
or no maritime interests. or any other
interest comparable with those of
Great Britain. 1t offered no guarantee
that that court would be composed OF
capable judges. 1t left in doubt and
uncertainty the law that the court
1T was necessary to adopt definite and
permanet rules relative to contra band.
Every nation has pardonable tend
ency to adopt policy when IL is pei-
trail It is tempted also to act as If there
was an effective blockade when there
was not. In the course OF recent years
English policy has been somewnaI va
not followed an entirely logical policy
Having accepted articles 33. "a and 30
of the declaration of London. Great
Britain changed her policy by an order
IN council of August 90. 1914. which
was completely modified by an order in
council Of October 90"
The agreement IL of the conference
If the Hague in 1907, as mentioned. de-
cided the organt-
International zation of an inter-
national court of
Appeals Court. appeal in the mat
ter of prizes. concerning the interests OF
neutrals. The British government oe-
clared that it deferred Its adnesion'
esteeming it desirable that before 'he
organization of that court the powers
should place themselves in accord IN
order to fix the principles OF nterna-
tional law in the matter
The British government in consequence
invited Germany, United States, Austria;
Spain. France, Italy, Japan. Russia ana
Holland to meet the representatives Oh
rS... pr;toin IN a conference at London,