Two Studies in International Law

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A belligerent is entitled to prevent the establishment of wireless telegraphy apparatus within the zone of his opera- tions ; or if already established he may prohibit its use or place it under certain restrictions, and turn away any correspondent who does not submit to his ruling ; but a correspondent who is a sub- ject of a neutral State and is engaged in sending information to his employer in the neutral State cannot conceivably be treated as a spy. Indeed, even if he actually conveys such i...nformation to the enemy, he is not, according to the established international law of espionage, a spy. He is merely in the same position as though he carried despatches for the enemy, or signalled between two of his squadrons ; in which case his vessel and everything on it would be lawfully captur- able. The Russian threat recalls Prince Bismarck's contention during the Franco-Prussian war that persons passing in balloons over the German lines were spies ; but imprisonment only and not death was inflicted on such persons captured.

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