hipper
Banned
If you want to go into traditions and rules (and there more like guidelines) then don’t forget that the country going after the merchant ships is supposed to stop the ship inspect the ship and if it has restricted cargo then you are supposed to provide for the crew after you sink the ship.
On top of this normally neutral shipping only gets involved within a very short distance of the coast of a belligerent country not in the middle of the ocean.
The US is perfectly within its rights to make sure that non belligerent ships in the middle of international waters are not being attacked.
So if you want to tell the US that they have to live by the so called rules then your side better be doing the same.
Therefore I expect the following.
A list of contraband with a reasonable list of what is allowed.
I expect a CLEARLY defined combat / restricted area.
I expect you to stop and inspect and to remove the crews to safety (good luck with that MR U Boat )
I expect that anything on the permitted category to be allowed to go on.
And I expect you to keep clear of ships outside the zone.
If you want to restrict the US then you have to restrict everyone. The fact remains that technology has changed faster then the so called rules of warfare. And that almost everyone bent or broke those rules whenever it benefited them to begin with so acting like the US was being bad for escorting ships in traditionally neutral waters when you are randomly blowing up neutral flagged ships in said waters is hypocrisy of the first order.
And I still say in this particular example the blame falls as much (if not more) on the side of Germany yes the US was pushing it but so was Germany. The trouble with brinkmanship is that it is easy to accidentally cross the line. And anytime you have ships within gun range of each other you have a problem. The German commander can NOT be so stupid that he thinks that he can go in and randomly start sinking ships within gun range of US battleships. And that goes double for US flagged ships.
And frankly the legal bs is besides the point. The real question is how does this look to Joe average? And it looks bad for Germany. This is getting sold in the US and the rest of the neutral world as the US was doing a Nutrality patrol to insure the right of neutral shipping to sail the international high seas when the German navy deliberately intercepted the US ships and a group of neutral unarmed innocents merchants and demanded that the US ships leave the poor merchants to be destroyed by the evil Germans.
Who shot first is beside the point. If you have a gun and a bad guy has a gun pointed at you are you going to wait for the bad guy to shot first? No and nobody is going to expect you to. And being out gunned and out numbered just makes that worse. No one is going to have problems with the US shooting first in this case.
The poor Americans trying to protect the innocent neutral merchants never had a chance but they went down swinging. And tha crew of the one merchant ship that got away that just happened to only have food and baby supplies onboard are going to Be paraded through every main street in the US as the face of the people that America’s sons died to protect.
This is going down the same as the following would. Gang A is in a street war with Gang B. A cop walking the street is in the area of a group of folks that are not part of either gang but are friends with gang B. Two Gang A members come up with guns drawn and tell the cop to get lost. And surprise surprise the cop shoots first.
Is the perfectly the same? Not really as legally it is an interesting argument with the ships but it is sure they way it will be seen everywhere but in Germany, and the end result is a pissed off US declaring war on Germany. And unlike OTL the whole country is going to be fighting made. Basically you just created a WW1 Peril Harbor.
The Legal BS was established by America in the ACW.
- The blockading power has to publish a list of Contraband - but that list can be unreasonable.
- There is no Clearly defined blockade area, The RN took German passengers prisoner from a Japanese Liner in the sea of Japan in early 1941.
- The blockading power can require the neutral ship to go to an Inspecting Port, after which it is theoretically free to go on to its original destination minus any contraband.
- Submarine action by all navies in WW2 broke the existing laws of Blockade.
If the USN interfered with the KM while exercising its rights as a belligerent power then either
a) The action of the USN admiral needs to be disavowed by the United States Government, usually with compensation would be offered after arbitration.
b) Germany can consider itself at war with the United States.
c) Germany can accept the behaviour of the USN and maintain the status Quo. Implicitly assenting to the USN's right to convoy its merchant ships.
The international law of the sea is a reflection that Might makes right. The strongest navy can do what it wants to do whatever the law may say. The existing rules of blockade were convenient for the UK as they were hard for the US to disavow due to precedent set during the ACW.