34. As regards the sinking of neutral prizes, which gave rise to so much feeling in this country during the Russo-Japanese war, Great Britain has always maintained that the right to destroy is confined to enemy vessels only, and this view is favoured by other Powers. Concerning the right to destroy captured neutral vessels, the view hitherto taken by the greater Naval Powers has been that, in the event of it being impossible to bring in a vessel for adjudication, she must be released. You should urge the maintenance of the doctrine upon this subject which British prize courts have, for at least 200 years, held to be the law. IV. Additions to be made to the Convention of 1899 for the Adaptation to Naval Warfare of the Principles of the Geneva Convention of 1864. 35. A Convention of fourteen articles, applying the principles of the Geneva Convention of 1864 to maritime warfare, was signed by the Powers represented at The Hague Conference of 1899, Article X (respecting the landing of the shipwrecked, wounded, or sick of a belligerent Power at a neutral port) being excluded at the time of ratification both by this country and the other Signatory Powers. The Russian programme contemplates supplementary provisions to the Convention, which are to deal only with the treatment of shipwrecked, wounded, or sick men, and with vessels employed for these purposes, and His Majesty's Government see no reason why they should withhold their consent to such provisions, if proposed at the Conference, provided that misuse of the privileges involved can be prevented. 36. In addition to the subjects mentioned in the Russian programme, His Majesty's Government believe that a discussion will be initiated by the Government of the United States on the question of the employment of armed force for the collection of ordinary contract debts due to the subjects or citizens of a Power by other Governments. This practice is viewed with great disfavour on the American Continent, and the objections to it have become embodied in a principle known as the "Drago Doctrine." His Majesty's Government consider that you may express a general adherence to the "Drago Doctrine," subject to the limitations mentioned in section 4 of the "Instructions to the United States' Delegates to the Third International Conference of American States," a copy of which was communicated to my predecessor by the American Ambassador on the 7th November, 1906. That is to say that, as a general principle, the debts of a State to the private subjects of another State are not to be collected by the employment of coercive measures in the nature of war, although occasions may, and do, occur when the non-payment of public debts is accompanied by such circumstances of fraud and injustice or violation of Treaty obligations as to justify the resort to force as a means of compelling payment. Each case, as it arises, must be considered on its merits, and the Government of the injured individual must decide in each case whether the general rule has or has not been overstepped to a degree sufficient to justify or demand interference. 37. Another matter which may be raised at the Conference is the extension of the 3-mile limit as the normal boundary of territorial waters. His Majesty's Government are opposed to the extension of the 3-mile limit. It is now accepted by practically every country, and to enlarge such limit on account of the longer range of modern artillery or other cause would introduce uncertainty into what is now defined and settled, and would only increase the area over which the preservation of neutrality is obligatory upon a neutral Power, thus tending to diminish the sphere of action of the strongest navy, and to add to the difficulties of the weaker Powers. 38. The foregoing observations and directions will place you in possession generally of the views of His Majesty's Government on the various points set out in the Russian programme. More precise instructions will, if necessary, be furnished to you from time to time as occasion may require. 39. I inclose a Full Power under the Royal sign manual, which will enable you and your co-Plenipotentiaries to sign with or without reservations, and subject to ultimate ratification by the King, any Convention which may result as the outcome of your labours, and I request you to keep me fully and constantly informed of the proceedings of the Conference, which His Majesty's Government will watch with the greatest interest. ADDENDA AND ERRATA. P. 79, line 16, for "American" read "United States" and so elsewhere on pages 79 and 80. P. 112, Art. 19, 1907, and throughout references in the French text, for "Voyez " read "Voir." P. 164, note 1, add La Deux. Confér. T. 1. pp. 34, 89, 121–135, 210-369, 377-404, 440-2, 572-589, 711-771. P. 170, last line, for "M. de Mérey " read "M. Mérey de Kapos-Mère." P. 184, note 1, add La Deux. Confér. T. 1. pp. 130–144, 548–553, 916–925. P. 199, line 1, for "should" read "must." P. 202, note 1, add La Deux. Confér. T. III. pp. 163–179, 253–5. P. 245, Art. 44, 1907, insert "by a belligerent" after "any compulsion." P. 247, Art. 49, 1899, for "military necessities" read "the needs of the army." P. 256, note 1, add La Deux. Confér. T. III. pp. 8-15, 101-148, 233–248. P. 290, note 1, add La Deux. Confér. T. III. pp. 34-45, 51-98, 179-232, 256-288. P. 306, last line but one, for "these " read "they." P. 315, note 1, second line, cancel "of this work." P. 403, note 2, line 9, for "universal trading " read "universally binding." P. 540, note 2, for "especially No. 5" read "especially No. 4." Blockade (cont.) Breach of, 581-2 Commercial, 79 defined by Conference of London, 572-4 Raising of, 577 Blockaded port, entrance into by neutral Bombardment by Naval Forces in Time of War Authorities on, 352 (note) Discussions at the Hague, 354-6 Signatories and reservations, 357 Undefended towns not to be bombarded, Brazilian proposals on Capture of private property at sea, 80 International Prize Court, 441 Neutral duties in maritime war, 465 Judicial Arbitration Court, 513, 515 British proposals on Contraband, 4 Limitation of armaments, 75 Obligatory arbitration, 82 Destruction of neutral prizes, 90 Commissions of Inquiry, 169 Days of grace, 303, 305 Definition of ships of war, 316 Conversion of merchant-ships, 317 Immunity from capture of merchant International Prize Court, 433 Neutral duties in maritime war, 458, 461, Brussels Draft Declaration, 257-8, 273-80 Explosive (See Declaration of St Peters- Capture, Restrictions on, in Maritime War Fishing boats, etc., 402 Scientific expeditions, 405 Crews of merchant-ships, 405, 431 |