REPLY TO ITALY

Otago Daily Times, Issue 24254, 23 March 1940, Page 11

REPLY TO ITALY

CONTRABAND CONTROL THE CASE FOR BRITAIN RIGHTS OF BELLIGERENTS FULL EXERCISE INTENDED (British Official Wireless) (United Press Association) (By Electric Telegraph—Copyright) RUGBY, Mar. 20. (Received Mar. 22, at T p.m.) The text of Britain's reply to the Italian Note of March 3 with regard to belligerents' rights at sea was issued to-day. An understanding having been reached on the particular Question of control of German seaborne coal to Italy, the reply was directed to the general question raised in the Italian Note. Dealing with the Italian suggestion that the British Government was exercising belligerent rights regardless of both the letter and the spirit of international law, the reply points out that this must be considered in the light of Germany's repeated flagrant disregard both of the principles of international law and the common precepts of humanity. " The Italian Government will appreciate the point that if on the one hand the enemy are to be free to pursue with impunity practices in total disregard of the restraints imposed by international law and moral principles, yet at the same time the British Government is expected at all times scrupulously to observe them, the British Government is placed in 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. 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 or the origin and destination of the cargoes concerned, and it has at all times sought to ensure that action conforms with 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 retaliation to which the action of the enemy gives rise."

Nazis' Inhuman Methods The reply then 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," and again declares the undoubted right of reorisal.

On the Italian contention that the control of German exports is a violation of the declaration of Paris, the reply states that the British Government reserves its attitude on the extent of Article 2 of the declaration, and 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.

The Italian general objection to the contraband control measures adopted by the British Government with regard to the seaborne trade of non-belligerent nations is met on the broad principle that it is lawful to exercise belligerent rights to inquire the destination of cargoes passing through contraband control. The reply, after dealing with the convenience to neutrals of the " navicert" system, sets out the arrangements made in the Mediterranean to suit Italian convenience by minimising delays. In a passage replying to the Italian objections to a number of items included in the contraband list the British Government points out that modern war necessarily brings within its ambit increasing classes of goods, a view which the Italian Government seems to accept. Searching of Mails Reciting the previous correspondence which has taken place between the Governments on the measures the British Government finds necessary to take with regard to mails, the reply submits that the practice is by no means inconsistent with the view of the Italian Government as set out in the war law of 1938. Stating that the British Government attaches great importance to the economic and political relations between Britain and Italv. as set up by the agreements of April. 1938. the reply concludes: " The present reply will have been drafted largely in vain if it does not convince the Italian Government of the continued resolve of the British Government to have the greatest measure of regard for. Italian and other neutral interests that are compatible with the maintenance of those measures of legitimate control which it deems necessary for the prosecution of the war."