BELLIGERENT RIGHTS AT SEA

Wanganui Chronicle, Volume 84, Issue 71, 26 March 1940, Page 5

BELLIGERENT RIGHTS AT SEA

BRITISH REPLY TO ITALIAN NOTE REGARD FOR HUMANITARIAN CONSIDERATIONS ( British Official Wireless. ] RUGBY, March 24. The text of Britain's reply to the Italian Note of March 3 regarding belligerent rights at sea. has been issued. An understanding having beer, leached on the particular question of control of German seaborne 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 interna- | tional law, the reply points out that ■ this must be considered in the light of j Germany’s repeated flagrant disregard ] both of the principles of international Jaw and the common precepts of humanity. “The Italian Government will appreciate.’’ the reply continues, ’ that if. on the one hand the enemy is to b* free to pursue with impunitv practices in total disregard of the restraints imposed by international law ant moral principles, yet at the same time the British Government is expected at all times scrupulously to observe them, the British Government will be placed in a marked disadvantage in the conduct of the war. Methods of Eneinv “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 of origin and destination of the cargoes concerned, and it has at all times sought to ensure that its action conforms with the accepted principles under which it exercise- . belligerent, rights. “But it is unable to accept the ( disabilities that would result were ( the British Government to refrain . from the full exercise of those rights, I and, in particular, of the undoubted ! right of retaliation to which the action of the enemy gives rise.’’ The reply then reiterates that the! Order-in-Council of November 27 was necessitated by the “inhuman exten- | sion by the German Government o' mine and submarine warfare against [ merchant shipping.” and again de- 1 clares the undoubted right of re- I prisal. On the Italian contention that control of German exports is a violation of the Declaration of Paris the reply states: "The British Government reserves its attitude on the extent of Article II of the Declaration, and points out that the German method of sea warfare is a clear violation of Articles II and 111. against which the British Government is entitled to retaliate.” Contraband Control The Italian general objection to contraband control measures adopted \y the British Government regarding nations' seaborne trade met on the broad principle that it 1 Is lawful to exercise belligerent rights > to inquire the destination of cargoes passing through the contraband control. The reply, after dealing with the convenience of neutrals of the lavicert system, sets out the arrangements made in the Mediterranean to <ilt Italian convenience by minimising relays. In the passage replying to Italian bjections to a number of items iniuded in the contraband list, the British Government points out that noderp war necessarily brings with- . a its ambit increasing classes of I -oods, a view which the Italian Gov-» vrnment seems to accept in the war

i law ot 1938. which sets out that a ' restricted list but provides that any ; other articles may be added by Royal 1 Decree. I “Furthermore.” the passage continues. "on the general questioh /Ot the contraband list issued by the ■ British Government, the Italian Government will be aware that this list lis closely modelled on that adopted ■ by the United States in 1917." Question of Mails Reciting previous correspondence | between the Governments on the measures the British Government i finds it necessary to take regarding Imails, the reply submits that the I practice is by no means inconsistent with the view of the Italian Government as set out in the war law of *1938. i Stating that the British Government attaches great importance to the economic and political relations between Britain, and Italy, as set up by the agreements of April, 1938, the reply concludes: : “The present reply will have been i drafted largely in vain if it does (not convince the Italian Government I of the continued resolve of the British I Government to have the greatest (measure of regard for Italian and other neutral interests that is compatible with the maintenance of those ! measures of legitimate control which ;it deems necessary for the prosecution of the war."