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APPENDIX VII.

52. In looking at the problem in this light, it is of interest to note that nothing is laid down in convention quoted as to any definite interval of time having to elapse between the declaration of war and the commencement of hostilities. When the con- vention was being negotiated in committee of the second peace conference, a determined attempt was made to interpose some obligatory fixed interval, but this was deliberately opposed, as an undue restriction of belligerent rights, by a majority which comprised, among others, the whole of the Great Powers except Russia; and all that the convention, as sigued, requires is that there should be previous and explicit warning.

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53. It will be seen that this feature of the case permits of the reintroduction of the element of surprise, provided it be possible to arrange that the seizure of the ships follows very closely upon the declaration of war.

54. The "

previous warning " prescribed by the convention may be given in the shape of either a formal declaration of war, or an ultimatum with a conditional declara- tion of war. The Power which wants to make an effective use of the weapon furnished by an immediate and unexpected seizure of hostile shipping will certainly not choose the procedure by way of ultimatum, since this involves giving definite notice of the day and hour after which hostilities may be opened. Nor would it be possible, except in very unusual circumstances, to shorten such notice to less than a number of hours sufficient to enable an alert enemy to set in motion whatever machinery he may have previously organised for enabling at least his more valuable and faster ships to leave ports at which seizure might be threatening.

55. It follows that in the case of wars in which it is contemplated to refuse days of grace and to seize enemy vessels in port, the alternative course of a direct declaration of war is the proper one to adopt. The convention is silent on the question how the declaration is to be issued, or to whom it is to be addressed. Technically, it might be held that publication, whether in the press or by reading the declaration in front of the Royal Exchange or other public place, would fulfil the strictly legal requirements. The proper construction of article 1 of the convention would, however, seem to be that the explicit warning" contained in the declaration of war should reach the enemy government previously" to the commencement of hostilities. The obvious way of ensuring this is to transmit it to that government. It could be delivered by His Majesty's Representative at the enemy capital. But this would be less expeditious and more liable to delays, which cannot be calculated in advance, than if the foreign embassy or legation in London were used as the channel of co..munication. It would probably be feasible to deliver the declaration at the embassy, and get a receipt, say, at 8 A.M., allow an hour for the transmission of the news by the foreign representative to his government, and arrange, by orders previously issued, for the seizure of all enemy vessels at 9 A.M.

56. In the case of the enemy, on his part, delivering an ultimatum, it may be possible and desirable to counter his move by making a declaration of war before the expiry of the ultimatum, so as to retain the initiative in fixing the time for the out- break of hostilities.

57. Mention has been made of these details, in order to make it clear that the possibility of successfully carrying out the policy of immediate seizures depends very largely on the minuteness with which the arrangements connected with the declaration of war have been thought out in advance and the thoroughness with which the necessary preparations have been made.

XI-RETALIATION.

58. Whatever decision a belligerent may have announced as to the action which he will take on the outbreak of war, it is open to him to adopt a different and more stringent course by way of retaliation on an enemy who does not act on the principle of reciprocity. For instance, if a proclamation granting days of grace had been issued at the outbreak of war, and the enemy refused to grant days of grace at all, or allowed a period so short that in actual practice it was valueless-as was done by Russia in the war with Japan in 1904-the issue of a new proclamation, giving the same treatment as the enemy was giving to British ships, would be justifiable.

Foreign Office, March 18, 1910.

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