Evening star., 1936-08-20

by Germany, which was reported in
high quarters to be intending to ask
France and Great Britain to join
IN requesting Spain to respect the
freedom of the seas"
Message to Madrid.
The Hitler governments message to
the German Charge d'Affaires In
Madrid, ordered him to warn the
Spanish government that Germany
will hold it responsible for "all conse-
suences" growing out of any similar
incident in the future.
A communique issued by the foreign
Office stated:
THE German government, soon
efter receipt of news of the incident
created by the Spanish government
in connection with the steamer kam-
srun, Geographically instructed the
Charge d. Affaires at Madrid to pro-
test in the sharpest form against the
.ction of Spanish warships in vio-
iation of international law and, there
anent, to give notice the German
government will hold the Spanish
government responsible for all con-
sequences growing out of repetitions
or a similar incident.
THE German Charge d. Ahaires at
the same time has been instructed
to inform the Spanish government
that German warships have been
ordered to protect German vessels
outside the Spanish sovereignty zone
from similar encroachments in viola
ton of international law with all the
means at their disposal"
The whole situation was viewed with
the utmost gravity in diplomatic cir
cles. One nom European diplomat
said:
This transfers the key response
bility from the chancellery in Berlin
and from Madrid to the bridges OF
varships in the danger zone"
Spain Declares Blockade.
The Spanish government, it was
learned today. has notified Great Brit
ain of the declaration of blockade
on certain coastal areas held by the
Spanish rebels.
The British and Spanish govern
nents, it was stated, were in consul
tation over the precise meaning OF
the decree, and Great Britain has not
recognized the blockade.
Britain has not recognized either
side as q belligerent, and SO far has
taken no steps to do so.
Experts in international law diner
AS to whether state of belligerency
has not already received de facto rec
pgnition. One point of great conse-
euence was in regard to the reported
searching of the German steamship
Kamerun by the Spanish government
cruiser Libertad.
International law recognizes the
right of visit and search" by bellig-
erent warShips for the purpose OF in
vestigating possible "unneutral serv-
tce." This right, it was stated. ex-
tends not only to the territorial water
Of the belligerent but also to the high
seas, everywhere in fact except the
territorial waters of neutral power.
Both Sides May Seach.
In civil war once the opposing par
ties are recognized as belligerents the
right to visit and search Is enjoyed
by both sides. Hence, If belligerency
has in fact been recognized the Lib
srtad was legally entitled to search the
kamerun.
Now although no government has
officially recognized belligerency in
the Spanish civil war, some legal au-
thorities here maintain that there
had been de facto recognition for the
following reasons:
1. Britain, by interning Spanish
government airplane which landed in
Gibraltar waters after giving her "a
hours notice to leave, has exercised
the ordinary duties Of q neutral as
between two belligerents.
2. Germany, by allegedly sending
her admirals on a courtesy visit to
the insurgent leaders in their Moroc-
can territory, recognized the insur-
getns as de facto belligerents.
3. No foreign power has treated
the insurgent warships as pirate
ships-which they would have to do
legally If they did not recognize the
onsurgents as belhgerents.
4. The Madrid government has
openly declared certain parts of Spain
and her coast to be "areas Of war"