The Hague Convention No. V forbids belligerents and requires neutrals to prevent [the use of] wireless installations in neutral territory as a means of communicating with belligerent forces on land or sea. Belligerent vessels fitted with wireless within neutral waters are within the spirit of this provision, which is really declaratory of the general rule that neutral ports and waters may not be used for belligerent purposes.

I answer the first part of the Naval Board's question therefore by saying that it is a principle of international law that belligerent ships may not use wireless telegraphy when within neutral territorial waters. There is of course an obligation on the neutral to apply this restriction without distinction to both belligerents.

The second part of the question asks whether it is a principle of international law that belligerent vessels may communicate with shore stations when outside neutral waters. There is nothing to prevent their communication, but presumably the question refers to the transmission of messages received from such belligerent by the neutral shore station to the persons for whom the message is designed. A neutral is not bound to accept telegraphic messages for transmission from or to belligerent ships; and as these messages are prima facie in furtherance of belligerent action, in principle ought not to do so. The Radio Telegraphic Convention 1906 in no way increases their responsibilities in this respect, and specifically reserves the liberty of the contracting parties in respect to naval and military installations.

Actually however there are practical difficulties in giving absolute effect to the principle, and it is usual to receive and transmit messages concerning arrivals and departures, and some other messages of a kind not too well defined. Again of course there must be no discrimination between the belligerents.

If the Defence Department's inference is correct as to the significance of the notification, the Administration of the Dutch East Indies is not a matter as to which complaint can be made on account of its restrictive character.⁽¹⁾

[Vol. 13, p. 163]

(1)In forwarding this openion Mr. Garran,Secretary,Attorney-General's Department, stated that it was 'concurred in by this Department'

See Preface.