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Letters to "The Times" upon War and Neutrality (1881-1920) by Thomas Erskine Holland
page 39 of 300 (13%)
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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