Evening star., 1941-06-22
Riqhts at SEQ

The deliberate sinking by Ger
man submarine, of the American
freighter Robin Moor has revived
questions of international law, ethics
and human rights that have agl-
tated nations and scholars since the
Russo-Japanese War, in which oc-
Cured the first instance in modern
naval annals of neutral ship being
sunk Intentionally by a belligerent
warship. The sinking by Russian
cruiser of the British merchant ship
knight Commander, carrying a par
tial cargo of contraband to Japan,
precipitated worldwide discussions
thirty-fve years ago. Britain pro-
tested the act as a plratlcal VIOLA
ton of international law, but Russia
sought to Justify destruction of the
ship, and of seven other British YES
sells later, on the ground that her
warships could not spare the men
needed to place prize crews aboard
the captured vessels, nor the fuel
necessary to take the prizes into Rus
sian ports. Until the Russian Navy
laid the foundations for this new
concept of belligerent rights-a con-
cept referred to by President Roose-
welt in his message to Congress on the
Robin Moor outrage-it had been the
traditional rule under international
law that a neutral merchant ship,
established by visit and search
process to be carrying contraband
destined for the enemy, was subject
only to seizure and safe conduct to
a port where prize court proceedings
could be instituted.
This whole subject was explored at
The Hague Conference of 1907, with
out agreement. 1t was thoroughly
debated at the London Naval Con-
ference of 1e08-9, with the result that
a declaration was approved reaffirm-
ing in general the traditional policy
of search, seizure and prize court
inquiry, but conceding the right of a
belligerent warship to sink prize
in exceptional cases, such as when
preservation of captured ship and
cargo would subject the captor to
unreasonable risk or interfere with
planned naval operations. This dec
laration was not ratified, however.
The new concession was not put to
practical test until Germany began
intensive submarine operations early
in the other World War. At the
London Naval Conference of 1890
additional guarantees regarding
safety precautions for passengers
were agreed upon by the leading
powers.
The United States vigorously pro-
tested unrestricted U-boat warfare
during World War I, finally as
serting it's determination to take
any steps that might be necessary
to safeguard American lives and
property and to secure to American
citizens the full enjoyment of their
dShllOWlCuSCo 11Siluo Oll VlAC llISAt
seas" President Wilson notified
Germany that the sole right of
belligerent in dealing with neutral
vessels on the high seas is limited
to visit and search, unless blockade
is proclaimed and effectively main
tanned" Discussing World War sink
ings, Wilson said: American citi-
zens act within their indisputable
rights in taking their ships and in
travelling wherever their legitimate
business calls them upon the high
seas"
It is this historic doctrine of free
dom of the seas that Mr.. Roosevelt
reasserted in his message-subject,
however, to the now accepted right
of belligerent to sink contraband
carrier, provided that safety of the
crew and passengers is assured. Ger
many's total disregard" of the safety
provision deserves the severe con-
demnation which the President has
expressed.
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