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- Path: sparky!uunet!zaphod.mps.ohio-state.edu!darwin.sura.net!sgiblab!sgigate!sgi!fido!solntze.wpd.sgi.com!livesey
- From: livesey@solntze.wpd.sgi.com (Jon Livesey)
- Newsgroups: soc.history
- Subject: Re: International Law and Blockades
- Date: 21 Nov 1992 00:55:53 GMT
- Organization: sgi
- Lines: 139
- Distribution: world
- Message-ID: <1ek1epINNrjo@fido.asd.sgi.com>
- References: <1992Nov16.204210.11462@gordian.com> <1992Nov16.235843.2228@midway.uchicago.edu> <1e9sdfINN6in@fido.asd.sgi.com> <1992Nov17.232015.24734@Princeton.EDU> <1ecjopINNgr3@fido.asd.sgi.com> <1ef910INN6fm@manuel.anu.edu.au>
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-
- In article <1ef910INN6fm@manuel.anu.edu.au>, dxb105@phys.anu.edu.au (David Bofinger) writes:
- > In article <1ecjopINNgr3@fido.asd.sgi.com>, livesey@solntze.wpd.sgi.com
- > (Jon Livesey) writes:
- > > [...] Now you are claiming that the British didn't sink neutral
- > > ships "only because they didn't have submarines and didn't need to,
- > > having a powerful surface navy."
- >
- > > 2. What gives you the idea that a powerful surface navy can't
- > > sink neutral ships just as well as submarines? the British
- > > could have engaged in a guerre de course if they wanted to,
- > > but they chose not to.
- >
- > The Germans sank neutral shipping because it was taking supplies to the UK.
-
- Anyone who gets in the way of the German War effort gets sunk?
- I think we got that point.
-
- > The British didn't sink neutral shipping bound for Germany
- > because there basically wasn't any.
-
- Wrong. A Northern Patrol was establish between Scotland
- and Iceland consisting of 25 armed merchant cruisers backed
- up by four eight inch ten thousand ton RN cruisers. By
- the end of the first month of the war they seized 300,000
- of supplies destined for Germany[5].
-
- A British submarine, HMS Salmon, intercepted the German
- liner Bremen, but since it could not legally intercept it,
- it let it escape[5].
-
- > > 1. International Law lays down rules for naval blockades.
- >
- > I'm not sure what you mean here by "International Law".
-
- What I'm referring to is called Prize Rules. "These rules
- went back to the sixteenth Century, but they had many times
- been rewritten and enshrined in International Law"[1]
-
- > As far as the second kind of international law is concerned, the precedents
- > were probably set during the Napoleonic wars or so, and one can imagine the
- > Germans feeling that since their country didn't even exist then, the fact
- > that somebody (presumably the British) had decided on certain rules (that,
- > unsurprisingly, were to their advantage) was hardly relevant during either
- > world war.
-
- No, this is not something that the British decided on
- unilaterally. There is a large measure of voluntarism in
- International Law. A country does not have to subscribe to
- a particular piece of International Law, but then their own
- ships, etc. don't benefit from it.
-
- I realise that Germany often ignored Treaties. The Kaiser's
- regime referred to Belgian neutrality as "A scrap of paper" and
- Hitler referred to one Treaty as "A treacherous frippery"[2]
- However, once a country has signed a Treaty accepting a piece
- of International Law, if they subsequently break it, we may say
- that they have. For example, the Kaiser's regime did sign
- the Treaty to guarantee Belgian neutrality that they later
- violated.
-
- In fact, Britain and Germany made several agreements
- regulating naval operations in the inter-war years [3]. In
- particular, the London Submarine Convention of 1936
- regulated submarine operations. Both parties agreed to
- "Sink merchant ships only in accordance with international
- Law: with warning to ships sailing unescorted, and only
- ships sailing under naval escort to be sunk without
- warning"[4]
-
- In addition to signing this specific agreement, the Germans
- themselves claimed privilege of Prize Rules when it suited
- them. For example, they cited Prize Rules when seizing the
- US ship SS City of Flint on October 22, 1939[1].
-
- However, as the war went on, Germany abandoned Prize Rules
- in its own operations, and eventually, 17th May 1942,
- Deonitz issued a new set of rules that ordered: that all
- attempts to rescue passengers and crew from torpedoed ships
- was to cease. No water or provisions were to be given to
- passengers and crew already in the water. This order was
- the basis of the Ten Year prison sentence that Doentiz
- received in 1946[1].
-
- > Actually, the British were a long way behind, which didn't stop them
- > planning to use mustard gas as a last ditch effort versus Operation
- > Sealion. People with their backs to a wall have no time for morals.
-
- Three points here. We don't know if Britain would have
- used gas. All we know is that they didn't.
-
- Moreover, in 1940, when according to some accounts Britain
- was within a month of losing the war[*] they still did not
- use poison gas, and they still didn't wage unrestricted
- anti-merchant ship warfare.
-
- On the other hand, in 1940, when Hitler claimed he had the
- war against Britain already won, Germany did carry out
- unrestricted anti-merchant ship warfare. And in 1942,
- when he claimed he had the war against Russia already won,
- he broke International Law in Russia as well.
-
- Can anyone explain how Hitler could be claiming he had
- these wars already won, but have his back to the wall
- simultaneously?
-
- > Does anyone know how the allies justified their invasion of Iceland?
-
- I'm not sure, but I *think* Iceland was then part of
- Denmark, which had already been occupied by Germany.
- Perhaps someone could correct me here.
-
- >
- > > That's funny. I thought we decided at Nuremburg that their actions
- > > actually were "morally inferior". Didn't we?
- >
- > Not clear the poster was one of the judges at Nuremberg. :-)
-
- Well, that's why we have history books. Not that it appears
- to help much.
-
- > The winners of WW2 were so upset with these nazi monsters they decided
- > to punish them, and legalities be damned.
-
- Wrong again. The Kellogg-Briand Pact, to which Germany
- and Italy were signatories, formed the legal basis for the
- post-war trials[6].
-
- jon.
-
- [1] The Atlantic Campaign. Van der Vaat. Harper and Row.
- [2] Mein Kampf, Hitler A. Harper and Row.
- [3] Labour Party of Great Britain, Foreign Policy. Windrich, E.
- Greenwood Press.
- [4] The Price of Admiralty, Keegan J. Viking Press.
- [5] The Second World War, Churchill.
- [6] History of the American People. Morison, S.E.
-
- [*] I don't necessarily believe this, but I've seen postings
- claiming this.
-