Symposium: International Law and the First World War: Belligerency and Neutrality

Uninvited and Unwelcome: The and the US Law of Neutrality

Abstract

On 15 January 1916, the British steamerAppamwas captured near the Madeiras by the German raiderMoëwe. British mystification regarding her disappearance was more than matched by American officials’ consternation when the vessel, flying German naval colours, unexpectedly appeared at the entrance to Hampton Roads, Virginia, on 1 February 1916. These officials were further discomfited to discover she was under the command of a German prize crew whose commander, LT Hans Berg, was demanding that the USA permitAppam, under German control, to remain indefinitely in a US port. This demand was the first salvo in a bitter diplomatic row between the USA, Britain and Germany regarding the rights and obligations of a neutral respecting a prize brought by a belligerent into its territory. The nature of this dispute was irrevocably altered when the vessel’s British representatives filed suit in the USA for the return of the vessel and her cargo. This article tells the story ofAppam, focusing on the diplomatic and legal sparring that characterized her tenure in US waters. In so doing, it traces the development of the law of maritime neutrality with respect to prizes in the USA during World War I.

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