Letters to "The Times" upon War and Neutrality (1881-1920) by Thomas Erskine Holland
page 39 of 300 (13%)
page 39 of 300 (13%)
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In the next place, we must at once recognise that the application of the
term "reprisals," whatever may have been its etymological history, must no longer be restricted to seizure of property. It has now come to cover, and it is the only term which does cover generically, an indeterminate list of unfriendly acts, such as embargo, pacific blockade, seizure of custom-houses, and even occupation of territory, to which resort is had in order to obtain redress from an offending State without going to war with it. The pressure thus exercised, unlike the unlimited _licentia laedendi_ resulting from a state of war, is localised and graduated. It abrogates no treaties, and terminates without a treaty of peace. It affects only indirectly, if at all, the rights of States which take no part in the quarrel. The questions which remain for consideration would seem to be the following:-- 1. Would it be feasible to draw up a definite list of the measures which may legitimately be taken with a view to exercising pressure short of war?--I think not. States differ so widely in offensive power and vulnerability that it would be hardly advisable thus to fetter the liberty of action of a State which considers itself to have been injured. 2. Ought it to be made obligatory that acts of reprisal should be preceded, or accompanied, by a notification to the State against which they are exercised that they are reprisals and not operations of war?--This would seem to be highly desirable; unless indeed it can be assumed that, in pursuance of The Hague Convention of 1907, no war will henceforth be commenced without declaration. |
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