"PIRACY & MURDER."

Dominion, Volume 8, Issue 2429, 7 April 1915, Page 3

"PIRACY & MURDER."

GERMAN VIOLATION OF THE HAGUE CONVENTION , NAVY LEAGUE MEMORANDUM German violation of the Hague conventions and the of the general principles of international law is the text of the following memorandum by the Executive Committee of the Navy League, London■ During tho week ended February 6 tho Executive Committee of the Navy League have had under consideration recent acts of German submarines in making torpedo attacks upon a British hospital ship and upon British merchant vessels without warning. The committee has further given careful thought to the situation which arises in view of the declaration of the Chief of the German Marine Staff _ that tho waters around Great Britain and Ireland, including the whole of the English Channel, will be regarded by Germany on and after February 18 as a "war region." The policy which Germany proclaims from the date specified is that—

(a) "Every enemy merchant vessel found in this region will be destroyed without its always being possible to wain the crews or passengers of the dangers threatening. (b) "Neutral ships will also incur danger in the military area." Hospital Ships. The Navy League feel that they do not need to emphasis© the gross and criminal yiolation of all the recognised laws of civilised warfare of which Germany stands convicted in making an attack upon the hospital ship Asturias oil Havre ou January 25, 1915. Convention No. 10 finally agreed to at the Hague Peace Conference on October 18, 1907, lays down in the most explicit language the obligations which devolve upon belligerents m dealing with.hospital ships, and also gives the detailed regulations to. be complied with by States, organisations, and private individuals in putting such ships into commission.

It has been officially announced by the French Ministry of Marine and by the Financial Secretary to the British Admiralty in the House of Commons that all the stipulations laid down in these articles have been complied with, notwithstanding which an attempt was made by a German submarine to destroy the ship by firing upon it by torpedo. The ship bore all the marks and indications of a properly commissioned hospital ship, and its existence was notified to Germany in October last. Happily the torpedo missed its object, but the murderous intent was clearly demonstrated. ,

On a former occasion the Amiral Ganteaume, engaged upon the worts of mercy of conveying Belgian refugees to' England, was torpedoed by a German submarine oir Boutugne, and it was oniy because immediate aid was available Ironi friendly vessels that' the majority ot the crew and passengers were.saved. The Navy League calls attention to these incidents as' sufficient in themselves to prove to the world that neither the dictates of humanity nor the law of nations are respected by Germany upon the lugh seas, and the league, thereloro, appeal with confidence to tho public opinion of neutral nations to protest against acts which place their perpetrators outside the pale of civilisod warware.

The first signature to each and every convention unanimously adopted at 'The Hague in 1907 is that of His Imperial Majesty the German Emperor, King of Prussia. Enemy Merchant Ships. The universally established piactice of civilised nations in dealing with merchant ships of an enemy ia tbat tho captor should bring the priz, to tho nearest port of his own country, there to be adjudicated upou by a Prize Court. Destruction can only bo resorted to when the prize is in unseaworthy condition or tho captor cannot provide a prize crew, or when th« captor would endanger his own war crah in the process. Before destroying a merchant ship the safety of.all persons on board must be adequately provided for. The captor of merchantmen by vessels like submarines, which aro unable to fulfil these conditions, was uover contemplated. This principle has never been departed from by any belligerent in modern times previous to tho outbreak of the present war. Its observance is essential to the maintenance of those rules of conduct in the relationship of nations which, mark the triumph of humane considerations over the barbarism of times more remote. Modern justice could only regard as simple murder the destruction of the crews and passengors of merchant ships or casting'tliem adrift in circumstances ill lvhich it would be impossible for them to save themselves.

This being tho law of the capture and destruction of prizes in maritime war as laid down repeatedly by distinguished jurists in Europe end the United States, the Navy League are justified in describing the action of Germany in torpedoing two British merchant ships on January 30 off tho north-west coast cf Franco without any warning whatever a3 an act of piracy with no extenuating circumstaucos, and therefore punishable as a crime against humanity and civilisation. Tho fact that the crews and passengers were saved by French destroyers makes it evident that the German submarine preferred to attack the defenceless merchantmen rather than the war craft in tho immediate vicinity.

These acts, subversive of all international obligation, wero of course committed previous to the announcement of tho Chief of the German Marino Staff already referred to, and they prove what is common knowledge during the progress of the war that defenceless vessels and their crews have been deliberately and indiscriminately sunk by German mines and torpedoes without any regard for the rights of individuals or the law of nations. It is earnestly hoped that neutral communities will decline to tolerate the worst acts of buccaneering under the pretence of modern warfare.

So far as British merchant chipping is concerned the Navy League are unable to discern any fresh development of the methods or naval warfare in the declaration of tho German Admiralty. The total disregard of international conventions was fully manifest from the oarliest stages of the war; but the avowed intention to prosecute a programme of piracy and murder from which neutral commerco will not bo exempt will serve to enlighten tho nonbelligerent nations upon tho real charaetr of German aggression. When Great Britain declared the North Sea a military area every conceivable precaution was taken to protect tho interests of neutral shipping. In contrast with this sane and perfectly legitimate procedure the world is menaced —for what ig may be worth—with the threat of attack upon life and property neutral aild belligerent alike. Neutral Ships. TJio Executive Committee of the Navy League lias given carcftil study to that part of the proceedings of tho Hague Pence Conference and of those of tho International Naval Conference held in London in 190S-0S) which deal specifically with the rights and privileges of neutral shipping during maritime war, and nothing can be more convincing rhan that it was the definite unanimous desire of both Conferences £<> protect in the fullest measure possiblo the freo access to and snl'c transport of neutral commerco in waters which might be the theatre of warlike activity. It was, of course, fully contßUlHliilfrl ftUch vm-wila would ha subiscl ta tlia wilt of.saai'ch hie belli-.

gerents and would under given conditions be liable to capture. Great caro was, however, taken to define the regulations applicable to captured neutral ships. Tlieso regulations are embodied in the articles comprised by Chapter IV. of tho Declaration of London. It will clearly be impossible to give effect to these articles—to which Germany is tho first signatory—if neutral ships are attacked without warning oil the high seas.

llio Navy League, therefore, earnestly appeal to the voluntary naval organisations of all neutral countries to protost against tho criminal breach by Germany of solemn engagements which in tho sight of all nations it pledged; itsell to observe.