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fo.open
was not a pirate ship, but, at most according to municipal
law, a pirated ship. In regarding the bandits as pirates and the "Irene" as a pirate ship in the international sense of the word, the British commander was acting illegally.
5. Suspecting that something was amiss with the
*Irene", the submarine
the submarine commander was entitled to verify her true character, provided he exercised this right judicionaly and took responsibility for the consequences.
fire with solid shots and explosive shells on a ship, mall 11
anarmed and crowded with passengers, muet require ample justification for such drastic sation to be condoned before
the bar of law or of public opinion. An examination of the
aircumstanees shows that, far from such action being justi- fiable or even excusable, everything pointed to its being entirely unnecessary.
The British commander should
have known from the behaviour of the "irame", and frem
similar incidents which have occured in the past, that
the object of the bandits was to make away with their
booty and land at Bias say,
Sven if the ship were a pirate
ship according to international law, he had only the right to capture the ship and to bring the pirates to trial; he
had not the right te destroy the ship and to kill the
pirates without trial. The question whether he could have exercised his right without resorting to extreme measures
can admit of only one answer,
his searchlight on the "Irene".
Though it was night he had
He was close to her, as
the range was only 300 yards when he opened fire: so that
there was no danger of her running away. He knew that the
bandits, in order to get ashore, must take to small boats suud go a long distance, during which time they would be
completely
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