[Letters To """"The Times"""" Upon War And Neutrality (1881-1920) by Thomas Erskine Holland]@TWC D-Link bookLetters To """"The Times"""" Upon War And Neutrality (1881-1920) CHAPTER VI 23/89
The first duty of a ship of war which proposes to sink an enemy vessel is admittedly, before so doing, to provide for the safety of all its occupants, which (except in certain rare eventualities) can only be secured by their being taken on board of the warship.
A submarine has obviously no space to spare for such an addition to its own staff. I am, Sir, your obedient servant, T.E.HOLLAND. Oxford, December 26 (1914). The charitable view taken in the last paragraph has, of course, not been justified. For the _Moewe_, see 2 Lloyd, 70.
On the restrictive article in The Hague Convention, _cf.
passim_. "THE PIRATES" Sir,--Would it not be desirable, in discussing the execrable tactics of the German submarines, to abandon the employment of the terms "piracy" and "murder," unless with a distinct understanding that they are used merely as terms of abuse? A ship is regarded by international law as "piratical" only if, upon the high seas, she either attacks other vessels, without being commissioned by any State so to do (_nullius Principis auctoritate_, as Bynkershoek puts it), or wrongfully displaces the authority of her own commander. The essence of the offence is absence of authority, although certain countries, for their own purposes, have, by treaty or legislation, given a wider meaning to the term, e.g., by applying it to the slave-trade. "Murder" is such slaying as is forbidden by the national law of the country which takes cognizance of it. In ordering the conduct of which we complain, Germany commits an atrocious crime against humanity and public law; but those who, being duly commissioned, carry out her orders, are neither pirates nor murderers.
The question of the treatment appropriate to such persons, when they fall into our hands, is a new one, needing careful consideration.
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