This is, in effect, a claim to torpedo at sight, without regard to the safety of the crew or passengers, any merchant vessel under any flag.  As it is not in the power of the German Admiralty to maintain any surface craft in these waters, the attack can only be delivered by submarine agency.

The law and customs of nations in regard to attacks on commerce have always presumed that the first duty of the captor of a merchant vessel is bringing it before a prize court, where it may be tried and where regularities of the capture may be challenged, and where neutrals may recover their cargo.

The sinking of prizes is, in itself, a questionable act, to be resorted to only in extraordinary circumstances, and after provision has been made for the safety of all crews and passengers.

The responsibility of discriminating between neutral and enemy vessels and between neutral and enemy cargoes obviously rests with the attacking ship, whose duty it is to verify the status and character of the vessel and cargo, and to preserve all papers before sinking or capturing the ship.  So, also, the humane duty to provide for the safety of crews of merchant vessels, whether neutral or enemy, is an obligation on every belligerent.

It is upon this basis that all previous discussions of law for regulating warfare have proceeded.  The German submarine fulfills none of these obligations.  She enjoys no local command of the waters wherein she operates.  She does not take her captures within the jurisdiction of a prize court.  She carries no prize crew which can be put aboard prizes which she seizes.  She uses no effective means of discriminating between neutral and enemy vessels.  She does not receive on board for safety the crew of the vessel she sinks.  Her methods of warfare, therefore, are entirely outside the scope of any international instruments regulating operations against commerce in time of war.

The German declaration substitutes indiscriminate destruction for regulated captures.  Germany has adopted this method against the peaceful trader and the non-combatant, with the avowed object of preventing commodities of all kinds, including food for the civilian population, from reaching or leaving the British Isles or Northern France.

Her opponents are, therefore, driven to frame retaliatory measures in order in their turn to prevent commodities of any kind from reaching or leaving Germany.

These measures will, however, be enforced by the British and French Governments without risk to neutral ships or neutral or non-combatant lives, and in strict observation of the dictates of humanity.  The British and French Governments will, therefore, hold themselves free to detain and take into port ships carrying goods of presumed enemy destination, ownership, or origin.

It is not intended to confiscate such vessels or cargoes unless they would otherwise be liable to confiscation.  Vessels with cargoes which sailed before this date will not be affected.