ITALIAN NOTE.

Auckland Star, Volume LXXI, Issue 70, 23 March 1940, Page 9

ITALIAN NOTE.

BRITAIN'S REPLY,

Rights Of Belligerents At Sea. NAZI DISREGARD OF LAW. British Official Wireless. RUGBY, March 22. Britain's reply to the Italian Note of March 3 regarding belligerents' rights at sea was issued on Wednesday. An understanding having been reached on the particular question of control of German sea-borne coal to Italy, the reply is directed to the general question raised in the Italian Note.

Dealing with the Italian suggestion that the British Government is exercising belligerent rights regardless of both the letter and spirit of international law, the reply points out that this must be considered in the light of Germany's repeated and flagrant disregard both of the principles of international law and the common precepts J of humanity.

"The Italian Government will appreciate," the reply continues, "that if onthe one hand the enemy is to be free to pursue with impunity practices in total disregard of the restraints imposed by international law and moral principles, and if at the same time tho British Government is expected at all times scrupulously to observe them, the British Government is placed at a marked disadvantage in the' conduct of the war. This disadvantage is one to which the British Government is prepared to submit as far as humanitarian considerations are concerned. Nazi's Barbarous Methods. "It has no intention of imitating the barbarous methods of its opponents, from which Italian ships and nationals have suffered in common with those of other neutral Powers, irrespective of the nature, origin or destination of the cargoes concerned. It has at all times sought to ensure that action conforms to the accepted principles under which it exercises belligerent rights. "But it is unable to accept the disabilities that would result were the British Government to refrain from the full exercise of these rights, and in particular of the undoubted right of rctalia-; tion to which the action of the enemy gives rise." The reply reiterates the Order-in-Council of November 27 necessitated by "the inhuman extension by the German Government of mine and submarine warfare against merchant shipping." On the Italian contention that control of German exports is a violation of the Declaration of Paris, the reply points out that the German method of sea warfare is a clear violation of Articles 2 and 3, against which the British Government is entitled to retaliate. Contraband Control. The Italian general objection to the contraband control measures adopted by the British Government is met on the broad principal that it is lawful to exercise belligerent rights to inquire r.he destination of cargoes passing through contraband control. After dealing with the convenience to neutrals to the naeiccrt system, the reply sets out arrangements made in the Mediterranean to suit Italian convenience by minimising delays. It is pointed out that modern war necessarily brings within the ambit increasing classes of goods, a view which the Italian Government seems to accept in the War Law of 1935, which sets out a restricted list, but provides that any other articles may be added by Royal decree.

Stating that the British Government attaches great importance to economic and political relations between Britain and Italy as set up by the agreements of April, 10:1S, the reply concludes: 'The present reply will have been drafted largely in vain if it docs not convince the Italian Government of the continued resolve of the British Government to have the greatest measure of regard "'or Italian and other neutral interests compatible with the maintenance of those measures of legitimate control which it deems necessary for the prosecution of! tiic war." ON HIS WAY HOME. INJURED N.Z. SOLDIER. (Received 10 a.m.) SYDNEY, this Jay. The first Anz.ic casualty of the war, Private H. R. Howe of the Now Zealand Expeditionary Force, who injured ids spine on a troopship and who is being invalided home to Kotorua, has reached Sydney to await a ship to Xcw Zealand. Ho was in the repatriation ward of the Perth Hospital for several we2ks and is at present at Graythwaite Convalescent lWpilnl. North Sydney.