Part 25 (1/2)
”Neutral goods, with the exception of contraband of war, are not liable to capture under the enemy's flag.”[325]
Nearly all the important states of the world acceded to these provisions except the United States and Spain, and both of these powers formally proclaimed that they would observe these provisions in the war of 1898.[326]
-- 107. Submarine Telegraphic Cables
The position of submarine telegraphic cables has in recent years become of great importance. Such a cable easily becomes an instrument of value in the carrying on the operations of war. A convention of representatives of the important states of the world met at Paris in 1884, and agreed upon rules for the protection of submarine cables.[327]
Article XV. of this convention announces that, ”It is understood that the stipulations of this convention shall in no wise affect the liberty of action of belligerents.” The principles recognized in war seem to accord with Article 5 of the Naval War Code of the United States, which provides that:--
”The following rules are to be followed with regard to submarine telegraphic cables in time of war irrespective of their owners.h.i.+p:--
”(_a_) Submarine telegraphic cables between points in the territory of an enemy, or between the territory of the United States and that of an enemy, are subject to such treatment as the necessities of war may require.
”(_b_) Submarine telegraphic cables between the territory of an enemy and neutral territory may be interrupted within the territorial jurisdiction of the enemy.
”(_c_) Submarine telegraphic cables between two neutral territories shall be held inviolable and free from interruption.”[328]
There is reason to believe that a submarine cable connecting the enemy's country with a neutral country is liable to such censors.h.i.+p as will render it neutral; and if this cannot be secured, it is liable to interruption outside of neutral jurisdiction, otherwise it might become a most dangerous organ of unneutral service.[329]
CHAPTER XX[330]
CONDUCT OF HOSTILITIES
108. +Belligerent Occupation.+
109. +Forbidden Methods.+
110. +Privateers.+
111. +Volunteer and Auxiliary Navy.+
112. +Capture and Ransom.+
113. +Postliminium.+
114. +Prisoners and their Treatment.+ (_a_) Quarter and retaliation.
(_b_) Employment.
(_c_) Exchange.
(_d_) Parole.
(_e_) Sick and wounded.
115. +Non-hostile Relations of Belligerents.+ (_a_) Flag of truce.
(_b_) Cartels.
(_c_) Pa.s.sports, safe-conducts, safeguards.
(_d_) License to trade.