TREATY OF LONDON

Ashburton Guardian, Volume 55, Issue 231, 13 July 1935, Page 6

TREATY OF LONDON

SUBMARINE WARFARE. SOME KNOTTY LEGAL POINTS. LONDON, July 4. While the German undertaking not to torpedo merchant vessels in war without warning places the submarine on the same level as surface ships in attacks on merchantmen, the clauses of the Treaty of London, when applied to submarines, are likely to lead to much judicial argument, says the “Manchester Guardian.’’ An international legal authority explains that it is not sufficient under the treaty to allow a crew and passengers time to gain the boats. They must be near land or near another ship which can take them on board. This definition is highly important, as the rescuing ship obviously must be free from the submarine’s attack. But is she not likewise bound to attack the submafine? Must she confine hoi activities to rescuing and not even ieport that a submarine is in the vicinity P The legal authority admits that the point is not covered in the wording of the convention, but says it is probably met by an old international law which allows an enemy to attack any merchantman “which offers active sistance to visit or search.”

Such resistance by one or two ships presumably would constitute concerted action, which would justify sinking both.