Le Nord : revue internationale des Pays de Nord - 01.06.1939, Page 475
FINLAND’S MARITIME TRADE
465
Clearly, neutral merchant vessels have not the right to oppose
control exercised at sea by belligerent Powers, as long as this con-
trol keeps within legal limits. Such vessels must therefore obey
orders given by warships to stop and submit to visitation, and
indeed assist in its performance. Similarly they must obey the
orders given after examination in regard to the next movement
to be made. And should a belligerent go beyond international
law in this respect, redress can only be sought through diplomatic
channels.
Nevertheless, merchant vessels need not expose themselves to
specific dangers and are entitled to behave in such a manner
as to evade examination. They can therefore choose their own
routes and deviate from these at will. Deviation from a route,
however, for which no justifiable reason can be given, may have
grave consequences. It can in certain circumstances be taken as
an indice that the vessel is carrying contraband for an enemy, and
that again may result in the loss of the ship and her cargo. —
Moving with shaded lights must similarly be regarded as perfectly
legitimate, and no belligerent has the right to open fire on a
ship solely because it is impossible to establish her nationality and
nature. — Should a warship demand of a merchant ship that she
refrains from using her wireless while in the warship’s vicinity,
such an order must be obeyed, but a merchant vessel is not obliged
to refrain from such action unless expressly ordered to do so. —
Finally, as regards participation in a convoy under belligerent
protection, a merchant vessel does so at her own risk to the extent
that it might indirectly suffer should an escorting warship
engage in hostilities with an enemy vessel. If, however, a mer-
chant ship takes no part of any kind in such hostilities, direct
hostile action against her is impermissible. Nor may a merchant
vessel be attacked after she has left a convoy for the sole reason
that she had formed part of the convoy. If a belligerent succeeds
in seizing a ship under convoy, that ship may conceivably be
declared to be forfeited, because movement under convoy can
be regarded as being in the nature of opposition to a belligerent’s
right of control.
Lastly, the Finnish merchant fleet has incurred losses in cases
where vessels moving through or near mine-fields have struck
mines, which have not, as laid down in Article 1 of the VlIIth.
Hague Convention of 1907, been rendered harmless after they
had become detached from their anchor chains.
Helsinki, November ijth, 1939.