The Mena weekly star., 1919-07-03
GERMANS MUST PAY
FOR SUNKEN SHIPS
AZ Was Direct Violation of Armistice,
and Would Justify Renewal of Hos
tilities, Says Clemenceau-Will
Punish Perpetrators.

soc;ated powers yesterday sent let
ter to the German peace delegation,
which is given here:
June rs, 1919.
"Mr. President-The terms of the
armistice signed by Germany on the
nth of November, 1918, provided as
follows:
".Art. %. The German surface 4
warships which shall be specified
nv the allies and the United
States, shall forthwith be disarm-
ed and thereafter interned in neu-
trail ports, or failing them, the al
lied ports designated by the allies
and the United States. They shall
there remain under supervision
by the allies and the United
State, only care and maintenance
parties being left on board
ION June 81, the German warships
which had been handed over to the
allied and associated powers and were
at anchor in the roadstead at Scapa
Flow with the German care and main
tenace parties on board as provided in
the armistice, were sunk by these par
ties under the orders of the German
admiral in command. The German adj
miral in command of these parties of
the German naval force has alleged
that he acted in the belief that the
armistice expired on June II, at mid
day. and consequently, in his opinion,
the destruction in question was no
violation Of its terms.
'1n law, Germany, by signing the
terms of article %, set out above,
entered into an undertaking that the
ships handed over by her should re-
main in the ports Indicated by the
allied and associated powers, and that
care and maintenance parties should be
left on board with such instructions
and under such orders as would ensure
that the armistice should be observed.
"The sinking of these ships instead
of their preservation, as had been pro-
yided for, in breach of the undertaking
embodied in article 30 of the armistice
against all acts of destruction, consti-
tuted at once violation of the armis-
handed over and an act of gross bad
faith toward the allied and associated
powers.
1.-THE admiral in command of the
care and maintenance parties belong
ing to the German naval forces has,
while recognizing that the act was
breach of the armistice, attempted to
justify it by alleging his belief that
the armistice had come to an end.
This alleged justification is not
well founded, as under the communica-
ton addressed to the German delega-
ton by the allied and associated pow
ers on the 10th of June, 1919, the
armistice would only terminate on re-
fusal to sign the peace or if no an
swer were returned on the 23rd of
June at 2 o'clock.
According to international law, as
embodied particularly in articles 40
and Al of the regulations annexed to
the fourth Hague Convention Of 1907,
every serious violation of the armis-
tice by one of the parties gives the
other party the right to renounce it
and even in case Of urgency to recon-
mence hostilities at once.
"a violation Of the terms of armis-
tice by individuals acting on their
own initiative only confers the right
Of demanding the punishment of those
offenders, and if necessary, indemnity
for the losses sustained. 1t will, there
fore, be open to the allied and asso-
ciated powers to bring before mill
tary tribunal the persons responsible
for these acts Of destruction, so that
the appropriate penalties may be i'm
posed. Furthermore, the incident
gives the allied and associated powers
a right to reparation for the loss
caused, and, in consequence, right to
proceed to such further measures as
the said powers may deem Appropriate.
Lastly the sinking of the German
ships is a violation of the armistice
and can only be regarded by the allied
and associated powers as a deliberate
breach in advance of the conditions
communicated to Germany and now
accepted by her.
Furthermore, the incident is not an
isolated act. The burning or permits
sion for the burning of the French
flags, which Germany was to restore,
constitutes another deliberate breach
in advance of these same conditions.
"In consequence the allied and as
ISOLATED powers declare that they take
note of these signal acts of bad faith
and that when the Investigations have
been completed into all the circum-
stances, they will exact the necessary
reparation. 1t isevident that any
repetition of acts like these must have
very unfortunate effect upon the
future operation of the treaty, which
the Germans are about to sign.
"They have made complaint of the
fifteen years. period of occupation
which the treaty contemplates. They
have made complaint that admission
6 to the league of nations may be too
long deferred. How can Germany put
Z forward such claims il she encourages
or permits deliberate violations of her
written engagements She cannot
complain should the allies use the
full power conferred on them by the
treaty, particularly article 429. if she
on her side deliberately violates its
provisions. (Signed):
&c. CLEMENCEAU."