Evening star. [volume] (Washington, D.C.) 1854-1972, 1915-09-21
Neutrals and New Law of Nations

Starting out apparently with fiat re-
fusal to accept responsibility for dam
ages in the naval war zone, either
to neutrals or non-corbatant hostiles,
Germany is now recognizing full re-
sponsibility for damages to neutrais
on neutral ships, anywhere and every
where. in accordance with rnterna-
tional law as it existed before the
war. and large though not unlimited
responsibility for destroying the lives
of neutrals and non-combatant hos
tiles on defenseless and unresistlng
hostile passenger ships. Germany has
now made in effect, so far as abstract
principles are concerned, the most I'M
portant concessions which the United
States had right to demand. These
concessions have been so gradual and
indirect, so grudging and made IN
general with such bad grace, that
their full scope is apt to be over
looked.
On the principles now apparently
agreed upon by both nations as bind
ing international law reparation tor
the damages to Americans resulting
from the destruction OF the Lusitania
is clearly due and should be promptly
rendered. Germany should bring to-
gether into one full. clear. unqualified
and hearty expression of regret and
offer of reparation her scattered and
sometimes indirect and ambiguous
expressions in respect to the Cushing,
Gulhight and Lusitania cases; and,
having made reparation in these cases,
unambiguous guarantees should be
given that these acts, injurious to neu-
trails in violation of international law,
should not be repeated.
If this were done and these cases
(Gulfight, Gushing and Lusitania)
were stricken from the international
docket. and the principles of interna-
tional law in accordance with which
they were settled clearly stated and
made of record. it would be easier
for the United States to give due con-
sideration to Germany's contention,
that the development of the SUBJ
marine as an implement OF war like
the similar development of the aero
plane and dirigible) has necessarily
altered some of the provisions of in
ternational law, and that these
changes should be recognized and
clearly defined.
Rules OF international law made be-
fore the existence of fighting ships
that fly through the air and fighting
ships that swim under the surface of
the water and which if literally en-
forced would prevent the use OF these
new implements of war, must, of
course. at some time be amended FORM
ally. as they have already been
amended in fact.
The development OF fighting air
ships which can lombard a fort or
fortified city has changed the dehni-
ton OF a fortified" place Places
which were unfortihed against the as
7aults by land of heavy artillery may
be fortified against the vulnerable air
nip. London is ''unfortified" under
the old international law, which con-
-emplated only artillery attacks by
land But with its equipment of spe-
cial guns. mounted in high places.
London is. perhaps, fortified" against
attacks from the vulnerable airships.
II so, non-combatants in London.
whether of belligerent or neutral ma
tionality. are no longer protected by
the provision of international law
which required certain number OF
hours OF warning of intention to as
sault an "unfortihed" place. in order
that non-combatants might withdraw
or remain only at their peril Lon
don is no longer 'unfortihed" against
aerial attack. and warning of intent
to lombard. which if given specifical-
ly would mean the probable de-
struction OF the bombarding airships,
is given in general terms and indef-
initely in advance of the actual as
Sduit' dhu - piSNSiitCu HUN lOSlils,
the quality of serious warning by
the spasmodic and otherwise futile
Zeppelin raids
The development of the submarine
has. Great Britain thinks, altered the
international law of blockade, which
required close and effective blockade
of the enemy's harbors by an encir-
cling chain OF swift warships. The
ships conducting an old-fashioned
harbor blockade would be easy tar
gets for the modern submarine, and
would be soon destroyed. Hence re-
suits Great Britain's new-fangled
long distance" blockade on the high
seas not only of the enemy's har-
bors, but OF those OF all the neigh
boring neutral nations in that sec
ton of the world.
As the aeroplane and dirigible
changed the definition of a "forti-
ned" place on land, so has the sub
marine changed the definition Of "un-
armed, unresisting' ship on the seas
When all marine fighting was on the
surface it was easy to differentiate
between the warship and the peace
ship. The former was protected by
armor, and carried long-range guns
The unarmored ship was as an egg
shell il attacked by il. The war.