recover their cargo.

The sinking of prizes is, in itself, a questionable act, to be resorted
to only in extraordinary circumstances, and after provision has been
made for the safety of all crews and passengers.

The responsibility of discriminating between neutral and enemy vessels
and between neutral and enemy cargoes obviously rests with the attacking
ship, whose duty it is to verify the status and character of the vessel
and cargo, and to preserve all papers before sinking or capturing the
ship. So, also, the humane duty to provide for the safety of crews of
merchant vessels, whether neutral or enemy, is an obligation on every
belligerent.

It is upon this basis that all previous discussions of law for
regulating warfare have proceeded. The German submarine fulfills none of
these obligations. She enjoys no local command of the waters wherein she
operates. She does not take her captures within the jurisdiction of a
prize court. She carries no prize crew which can be put aboard prizes
which she seizes. She uses no effective means of discriminating between
neutral and enemy vessels. She does not receive on board for safety the
crew of the vessel she sinks. Her methods of warfare, therefore, are
entirely outside the scope of any international instruments regulating
operations against commerce in time of war.

The German declaration substitutes indiscriminate destruction for
regulated captures. Germany has adopted this method against the peaceful
trader and the non-combatant, with the avowed object of preventing
commodities of all kinds, including food for the civilian population,
from reaching or leaving the British Isles or Northern France.