London Declaration concerning the Laws of Naval War
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The London Declaration concerning the Laws of Naval War is an international code of maritime law, especially as it relates to wartime activities, proposed in 1909 at the London Naval Conference by the leading European naval powers, the
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and Japan, after a multinational conference that occurred in 1908 in
London London is the capital and List of urban areas in the United Kingdom, largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary dow ...
. The declaration largely reiterated existing law, but dealt with many controversial points, including
blockade A blockade is the act of actively preventing a country or region from receiving or sending out food, supplies, weapons, or communications, and sometimes people, by military force. A blockade differs from an embargo or sanction, which are leg ...
s, contraband and
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, and showed greater regard to the rights of neutral entities. The declaration was signed by most of the great powers of the day:
Austria-Hungary Austria-Hungary, often referred to as the Austro-Hungarian Empire,, the Dual Monarchy, or Austria, was a constitutional monarchy and great power in Central Europe between 1867 and 1918. It was formed with the Austro-Hungarian Compromise of ...
,
France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of overseas regions and territories in the Americas and the Atlantic, Pacific and Indian Oceans. Its metropolitan area ...
,
Germany Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwe ...
,
Italy Italy ( it, Italia ), officially the Italian Republic, ) or the Republic of Italy, is a country in Southern Europe. It is located in the middle of the Mediterranean Sea, and its territory largely coincides with the homonymous geographical ...
, Japan,
Russia Russia (, , ), or the Russian Federation, is a transcontinental country spanning Eastern Europe and Northern Asia. It is the largest country in the world, with its internationally recognised territory covering , and encompassing one-eig ...
, the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...
, and the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
. (It was also signed by the
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and
Spain , image_flag = Bandera de España.svg , image_coat = Escudo de España (mazonado).svg , national_motto = ''Plus ultra'' (Latin)(English: "Further Beyond") , national_anthem = (English: "Royal March") , i ...
.)Declaration concerning the Laws of Naval War: Signatory States
icrc.org.
However, no state ever ratified the declaration and consequently it never came into force. The United States insisted that the belligerent nations fighting in
World War I World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, the United States, and the Ottoman Empire, with fightin ...
abide by the Declaration, while the British and Germans ignored it. The British geostrategist and naval historian Sir
Julian Corbett Sir Julian Stafford Corbett (12 November 1854 at Walcot House, Kennington Road, Lambeth – 21 September 1922 at Manor Farm, Stopham, Pulborough, Sussex) was a prominent British naval historian and geostrategist of the late 19th and e ...
argued strongly against the provisions of the Declaration, which sought to outlaw 'general capture' of enemy commerce on the high seas during wartime. In his earlier 1907 essay 'The Capture of Private Property at Sea', he argued that the curtailment of the
Royal Navy The Royal Navy (RN) is the United Kingdom's naval warfare force. Although warships were used by English and Scottish kings from the early medieval period, the first major maritime engagements were fought in the Hundred Years' War against ...
's right to seize enemy shipping would have a detrimental impact on Britain's ability to wage economic warfare against a continental enemy, economic warfare being the single most important function of the Navy, in his view.Corbett, J. (1907
'The Capture of Private Property at Sea', A. T. Mahan, ''Some Neglected Aspects of War''
(Boston: 1907).
The arguments he set out gained currency within the Navy and British government, and would eventually prevail with Britain's decision not to ratify the Declaration and the successful waging of maritime economic warfare, including 'general capture', against Germany during the
First World War World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, the United States, and the Ottoman Empire, with fightin ...
. In any case, the London Declaration was greatly deficient in referring only to surface ships and completely ignoring submarine warfare, which was to play a major role in both World Wars. By its very nature, a submarine can neither capture an enemy (or neutral) vessel nor give any warning before attacking; a submarine's only chance of success is to launch a surprise attack intending to sink the targeted vessel. Thus, by definition, a submarine could not abide by many of the rules of conduct made for surface vessels.


Notes


References

* John Westlake, ''International Law: War'' (London, 1910) * ''American Journal of International Law'' (supplement, New York, 1909) *
Andrew Lambert Andrew Lambert (born 31 December 1956) is a British naval historian, who since 2001 has been the Laughton Professor of Naval History in the Department of War Studies, King's College London. Academic career After completing his doctoral resear ...
(ed.) ''21st Century Corbett: Maritime Strategy and Naval Policy for the Modern Era''. (Annapolis, 2017) Ch. 3.


External links


Declaration concerning the Laws of Naval War
icrc.org (includes full text and signatory states and dates)

Human Rights Library,
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{{Authority control Law of the sea treaties International humanitarian law treaties Treaties concluded in 1909 Blockades Unratified treaties 1909 in London