MINES AND HUMANITY

Evening Post, Volume LXXXVIII, Issue 102, 27 October 1914, Page 2

MINES AND HUMANITY

THE GERMANS AND WAR LAW i'THE UNWRITTEN LAW. 1 ! (FROM Oim OWN CORRESPONDENT.) LONDON, 15th September. Though Germany has sown the North Sea indiscriminately with mines, Great Britain has made no use at all of these weapons of destruction, for the obvious reason that we would be the greatest sufferers by them. Replying to a question in the Houso of Lords, Lord Wimborne said it was unquestionably true that mines had been sown _ m great quantities in the North Sea, in many cases on commerce routes, without any reference to the right of commercial, and especially neutral, shipping. This \vas regarded by the Government as being out of harmony with the spirit of The Hague Convention, and they took a very serious view of the matter. No trawler had been seen or captured by any of His Majesty's ships engaged in laying mines under a neutral flag, and all the stories to that effect were untrue. The Admiralty had no evidence of anything of that kind. The whole question of mine-laying was engaging the close and unremitting attention of the Admiralty. He did not think the suggestion that naval officers should be given a free hand to deal with offenders caught in the act would commend itself to the House, but any pe«Bon captured laying mine 3 under a nenta-al flag would be brought before a Court-martial. (Cheers.) On the legality of mines, Dr. A. P. Higgins, the celebrated professor of international law, says there is nothing in the Hague Convention which definitely prohibits the laying of mines in the open sea. All attempts in that direction made by the Britisli delegate at The Hague Conference were frustrated by the attitude of the German delegate, the late Baron Marschall yon Bieberstein. The Convention affords little or no safegnard to neutral navigation. Article 2 states, " It is forbidden to lay automatic contact mines off the coasts and port of the enemy with the sole object of intercepting commercial navigation." 1 But neither France nor Germany ratified this article, which, in any case, is useless, inasmnch as a belligerent can claim to have laid the mines for some other purpose. But neither France nor Germany ratified this article, which in any ca«e is useless, inasmuch as a belligerent can claim to have laid the mines for some other purpose. Article 3 adds, "When anchored automatic mines are employed every possible precaution must be taken for the security of peaceful navigation. The belligerents undertake to provide as far as possible for these mines becoming harmless after a limited time has expired, and, where the mines cease to be under observation, to notify the danger zone as soon as military exigencies permit, by a notice to mariners." " But Germany may plead," says Dr. Higgins, "that she is not bound by the Convention at all, though she has ratified it, for article 7 states, "The provisions of the present Convention are only applicable between the contracting Powers, and only if all the belligerents ar partis to th Convntion.' Russia, one of the belligerents in the present war, ha-s not signed the Convention." . Dr. Higgins recalls the speech of Baron Marschall yon Bieberstein in reply to Sir E. atow's objection that the Convention was inadequate : — " A belligerent who lays mines assumes a very heavy responsibility towards neutrals and peaceful shipping. On that point we are all agreed. No one will resort to sttcli means unless for military reasons of an absolutely urgent character. But military acts are not governed solely by principles of international law. There are other factors ; conscience, good sense, and the sentiment of duty imposed by the principles of humanity will be the surest guide for the conduct of sailors, and will constitute the most effective guarantee against abuses. The officers of the German navy, I loudly affirm (Je le dis a voix haute), win always fulfil in the sfcristest fashion tho duties which emanate from the unwritten law of humanity and civilisation .... As to the sentiment of humanity and civilisation, 'I cannot admit that there is any Government or country which is superior in these sentiments to that which I have the honour to represent." "The best commentary on these words," says Dr. Higgins, "is the present German practice." Th Institute of International Law had last year unanimously adopted this article: — "It is forbidden to place on the high 'seas automatic mines, whether moored or not." Dr. Higgins suggests that only combined protest of neutrals, with a suggestion of armed intervention, can eft'ec* tively deal with these dangers to peaceful navigation.