CAB38-17 — Page 87

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CONSIDERATIons of GeneRAL POLICY.

'ARTICLE 1.

"When a merchant-ship belonging to one of the belligerent Powers is, at the commencement of hostilities, in an enemy port, it is desirable that she should be allowed to depart freely, either immediately or after a reasonable number of days of grace, and to proceed, after being furnished with a pass, direct to her port of destination or any other port indicated to it.

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"The same principle applies in the case of a ship which has left her last port of departure before the commencement of the war and has entered a port belonging to the enemy while still ignorant that hostilities had broken

out.

"ARTICLE 2.

A merchant-ship which, owing to circumstances beyond her control, may have been unable to leave the enemy port within the period contemplated in the preceding Article, or which was not allowed to leave, may not be con- fiscated.

"The belligerent may merely detain her, on condition of restoring her after the war, without payment of compensation, or he may requisition her, on condition of paying compensation.”

6. It will be noticed in Article 1 that the granting of "days of grace" is not laid down as compulsory, but is declared to be desirable. This Article constituted u compromise between the views of those Powers which wished to make the grant of days of grace" obligatory and of those which, whilst approving of the observance of the practice as a general rule, yet insisted on its being in each case considered as an act of grace or favour, and on belligerents remaining at liberty to withhold such favour if there were good reasons to justify this departure from the normal course.

7. Although not legally obliged to allow "days of grace," Great Britain has, in agreeing to the terms of this Convention, incurred a moral obligation to do so, and her intention to continue her past practice of allowing "days of grace," provided her military operations are not thereby seriously affected, was clearly expressed under instructions from His Majesty's Government by the British Naval Delegate at the Second Peace Conference, Captain (now Rear-Admiral Sir C. L.) Ottley. The Committee of Imperial Defence have therefore adopted the view that this country is morally bound to allow days of grace" in all cases except where good reasons to the contrary can be shown, and that as a general rule they should be granted except in so far as the military interests of Great Britain would be detrimentally affected thereby.

8. On a general review of the political and strategical factors which would have a decisive influence on the course of a naval war between Great Britain and other Powers, the Committee of Imperial Defence have come to the conclusion that in the overwhelming majority of possible wars, the interests of this country would not be materially prejudiced by the grant of "days of grace" to enemy ships, as a general policy, provided precautions are taken to ensure reciprocal treatment for British ships. For an enemy to whom the grant of "days of grace" was contemplated, might, on his part, decide, in accordance with a preconceived scheme of guerre de course, to refuse them. To meet such a contingency, the grant of, "days of grace" should never be made otherwise than conditionally upon the application of reciprocal treatment to British vessels; and in no case should enemy ships in British waters be allowed to sail, unless and until such reciprocal treatment to British shipping is definitely assured. In order that the enemy may be given ample opportunity of declaring his intentions the Order-in-Council granting "days of grace" should specify a fixed period during which all enemy vessels would be temporarily detained, and on the expiration of which, if the enemy had not meanwhile announced reciprocal measures, the grant of “days of grace" would be held to be cancelled.

9. Moreover, before the release of any enemy merchant-vessel, undertakings in accordance with Chapter III of The Hague Convention, 1907 (Appendix VII, paragraph 13), must be obtained from each of the officers and members of the crew of such vessel who is of enemy nationality that he will not take any part in the war, and from each officer of neutral nationality that he will not serve on board any enemy ship while hostilities last.

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