Appendix: Chain of Citations and Misunderstandings about the Caroline's Core Facts

• Author: Craig Forcese
• Pages: 263-263

263

Appendix: Chain of Citations and

Misunderstandings about the

Caroline

's Core Facts

Nuremberg Tribunal (IMT)

“It must be remembered that preventive action in foreign territory is justif‌ied

only in case of ‘an instant and overwhelming necessity for self -defense,

leaving no choice of means, and no moment of deliberation.’”

Moore’s Digest of International Law 1906, volume 2 at 411–12:

Noting the presence of armed insurgent “encamped” on Navy Island,

Upper Canada, but not mentioning the shelling. Nor is there mention

of the inability of US authorities to suppress the insurgency, or the

origin of the arms from US militia stores.

Lawrence,

Commentaire Droit

International 1873,

volume 3 at 430:

Correctly noting that

the Caroline was being

used to ferry weapons

for the insurgents, but

not noting that there

had already been an

occupation of part of

Canada and shelling of

another part of it. No

mention of the inability

of US authorities to

suppress the insurgency.

Phillimore,

Commentaries Int’I

Law 1879, 3d ed

volume 1 at 315:

Incorrectly describing

Navy Island as in

US territory, noting

shots had been f‌ired

into Canada and that

“preparations were

made to cross in British

territory,” using the

Caroline. No mention

of the inability of US

authorities to suppress

the insurgency.

Hall, International

Law 1890, 4th ed at

283:

Incorrectly describing

Navy Island as in

US territory, noting

shots had been f‌ired

into Canada, but

asserting that (mere)

“preparations were

made to cross in British

territory,” using the

Caroline. No mention

of the inability of US

authorities to suppress

the insurgency.

Original Sources

At least some, though

not all, of the diplomatic

correspondence in the

matter.

Kent’s Commentary on International Law

1878, 2d ed at 146–48:

Correctly noting that Caroline was being used to ferry

insurgents to Canada, although not noting that there

had already been an occupation of part of Canada

and shelling of another part of it. No mention of the

inability of US authorities to suppress the insurgency.