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The Laws of War

Published online by Cambridge University Press:  28 February 2017

Alfred P. Rubin
Alfred P. Rubin*
Affiliation:
U.S. Naval War College. Professor Rubin's views are not necessarily shared by the U.S. Navy or the U.S. Government
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Abstract

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Type
The 75th Anniversary of the Second Hague Peace Conference
Information
Proceedings of the ASIL Annual Meeting , Volume 76 , 1982 , pp. 139 - 144
Copyright
Copyright © American Society of International Law 1982

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References

1 It is frequently forgotten that the first “war” in which the United States participated after our Constitution was adopted was the “undeclared war” with France of 1798-1800, in which the Congress authorized naval captures and privateering, clearly rights only of belligerents. See Acts of May 28, July 7, July 9, 1978, 1 Stat. 561, 578-80.

2 1968 Proceedings of the American Society of International Law, 58.

3 Tinoco Case (Great Britain v. Costa Rica), 1 U.N.R.I.A.A. 369, 18 AJIL 147 (1924).

4 6 U.S.T. 3516, T.I.A.S. No. 3365, 75 U.N.T.S. 287.

5 The text is published at 72 AJIL 457 (1978) and 16 ILM 1391 (1977).

6 The Alabama Rules provide that “A neutral government is bound—First, to use due diligence to prevent the fitting out, arming or equipping, within its jurisdiction, of any vessel…. and … to prevent the departure from its jurisdiction of any vessel intended to cruise or to carry on war against a Power with which it is at peace.” The British made it clear that they rejected this rule as a statement of the general international law of neutrality, but accepted it solely for purposes of restoring friendly relations between themselves and the victorious American Union. 61 BRIT. FOREIGN & ST. PAPERS 40, 43 (1877).

7 19 ILM 1523 (1980).