Evening star., 1937-12-22

Die from the air. $&
1t Is conceded,
too, that there
were shots fired from surface craft at
the American ship. 1t is revealed also
that a japanese officer boarded the
varship before the airplanes dropped
bombs
Mistake" Frankly Admitted.
Now 1t might be inferred that the
japanese officers thought they knew
what they were doing. They were
launching an attack, not only against
the American vessel and those on
board, but also on the oil tankers be-
Ing escorted up the river or lying near
the Panay. Japan has frankly ad-
mitted that mistake" was made, but
the query still perSiSts-What was in
the minds o, the japanese officers who
ordered the attack?
1t does not sound plausible to say
that the local japanese commandant
was undertaking to chase all foreign
WarshipS from the Yangtze River
merely because he was trying to pro-
woke the foreign governments into
some sort OF action. 1t would appear
highly unlikely that the japanese off,
Ger who was responsible tried in any
way to do that which would make an
international incident and cause en-
barrassment to his own government.
The only explanation which seems
TO be logical is that the Japanese in
command of the forces on air and
land near the vicinity of the Panay
felt he had legal right to attack the
Panay.
Why did the japanese officer think
he had a legal right to order the air
forces to open fire? Doubtless be-
cause, under the old theory of block
ade"-a term of international laW-the
American gunboat could not legally
protect merchant ship carrying con-
traband goods to a territory occupied
by "belligerents.
Both the words BLOCKADE" and bel
llgerent" have very definite techni-
cal meaning. Blockade running dur
ing the American Civil War by British
ships was undertaken at the risk of
the owners and there were many con-
troversies over the activity of So
called blockade runners flying foreign
flags.
Technically speaking, a blockade"
has to be proclaimed and notice given
to all foreign powers Likewise there
has to be a recognition of the ex-
istence of "belligerentS." which is but
another way of saying there must be
some formal declaration of war" or
state of civil war"
But. for reasons best known to the
japanese and the Chinese, war has
never been officially declared" and
likewise no blockade" has been Off
cially undertaken
Kerosene Would Be Contraban
From the viewpoint of the japanese
commander, however, who may have
been uniformed about these latest
wrinkles in international law''-if the
term can still be uSed-the American
Warship was protecting oil tankerS
which in turn supply kerosene to the
Chinese people against whom Japan
has been carrying on military and
naval movement. To ship kerosene
into China is to do what in a situation
Of formally declared war might be an
unneutral act. For it cannot be
doubted that kerosene would today be
on the formal list of contraband, that
is, articles banned from unimpeded
export to the territory of belligerent.
The Panay and the oil tankers she
was protecting were doubtless re-
garded by the japanese officer as
blockade runners and as such en-
titled to no more consideration than
would be any vessels which actually
carried Chinese troops from one port
to another on the Yangtze. The three
oil tankers at the moment were being
used to transfer oil company employees
to safer port up the river and it is
not believed here that any substantial
amount of kerosene was being trans
ported.
The japanese commandant made a
mistake. There is no blockade and
hence no unneutral act in a formal
sense, but can it be doubted that the
Japanese commander made up his
mind that the establishment of an
other supply point for delivering kero-
sene to the Chinese should be stopped
even If he had to fire on and sink the
warship of friendly power? If he
had on board some of the old books
on international law - say a 1918
edition-he would find plenty of
precedents for using force to stop a
blockade runner when war is de
clared"
Mexican Incident Cited.
Back in 1914, the commander of
the American naval force in Vera
Cruz harbor persuaded" the captain
of a German merchant ship carrying
arms for the Mexican government to
turn back and not try to attempt to
land his cargo at that port. War had
not been declared between the United
States and Mexico, but there was
serious friction between the Washing
ton administration and the Huerta
government.
All this is not to excuse the japanese
offense, but merely to point out the
probable basis Tor the episode IN the
mind of the Japanese officers who saw
the American flag and were not
deferred - they probably thought,
though mistakenly, they had right
to 90 the limit
Now the importance of such an ex-
position Is that it leads us right back
10 the question of whether there is
today any international law at all.
Case of Faulty Judgment.
The true meaning of the whole
Japanese government which makes a
scrap of paper of the nine-power treaty
affair may be that Japan, following
the precedents established by Britain
and Germany from 1914 to 1918, re-
CARDS war as fight for the pres