Evening star., 1939-12-15
Status of Gruf Spec

Status Of Grof Spec
BY taking emergency refuge in the
neutral harbor Of Montevideo, Uru-
quay, Germany's predatory pocket
battleship, the Admiral Graf Spec,
has started officials Of many Amer
lean republics thumbing through
reference works pertaining to inter-
national law and to the widely differ
ing notifications thereof incorpo-
rated in the statutes of their re-
spective countries. For the privileges
accorded belligerent vessels in neu-
tral ports, while substantially SIM
liar in fundamental concept, are
subject to varying interpretations
and to varying degrees Of enforce
notwithstanding to relations be-
tween the belligerent and the neutral
powers involved, to the specific cir
cumstances of the incident in ques-
tion and to other factors that could
not be foreseen by the formulators
of international law.
The unlimited visit Of the Graf
Spec to Montevideo. with the British
cruisers Exeter, Achilles and Ajax
In her wake, has revived important
questions of international law, some
Of which go back to the days Of the
frigates and the sloops of war.
Among these are the use by a bel
ligerent OF a neutral port as a base
OF naval operations" the right of
belligerent ship to seek haven from
pursuing enemy in neutral waters
and the privileges of pursued and
pursuer in neutral port, especially
with respect to repairs.
International law is replete with
Incidents involving such questions
and with violations Of what had been
regarded at the time as established
maritime principles. The right of
a belligerent to enter a neutral
port In certain emergencies long
has been recognized, and with it
the right of the neutral power
to enforce certain restrictions on
the visitor. A general principle
governing relations of a belligerent
to a neutral in wartime was stated
In Hague Convention XIII of 1907
as follows: "Belligerents are bound
to respect the sovereign rights of
neutral powers and to abstain, in
neutral territory or neutral waters,
from all acts which would constitute
on the part of the neutral powers
which knowingly permitted them, a
non-fulfllment of their neutrality"
Convention v declared that IAN
armed vessel may not pursue and
capture an enemy vessel In neutral
waters" Neutral waters ordinarily
have been considered as extending
three miles from a neutral shore, but
the recent Pan-American Conference
at Panama extended (as q policy
dependent upon mutual agreement
not yet obtaineO American neu-
tral waters hundreds of miles beyond
that limit. This wide security belt"
has not been recognized by any Of
the European belligerents, however.
Humanitarian considerations have
led to general agreement under
international law that a warship
damaged in battle and seeking to
escape from an enemy may take
refuge in neutral port-but at the
risk Of internment if she does not
leave within twenty-four hours. Ex-
tensions may be granted to permit
essential repairs. A ruling under the
treaty Of Washington, 1871, explains
that repairs that humanity demand
can be given, but no repairs should
add to the strength or efficiency Of
q vessel, beyond what is absolutely
necessary to gain the nearest of it's
own ports" The Hague Convention
of 1907 amplified this principle by
specifying that the neutral authori-
ties shall be the Judge of what re-
pairs are necessary to make a DAM
aged ship seaworthy, and that the
repairs must be made with the
least possible delay" The Havana
Convention of 1928, to which Uru-
quay Gas well as the United States
and score Of other American ma
tions) subscribed, added a proviso
that damages (which are found to
have been produced by the enemy's
dre shall in no case be repaired" !"
Similar language was Incorporated
N President Roosevelt's neutrality
proclamation of last September.
As signatory to the Panama dec
hration, this Government naturally
Is concerned with the special ques-
tion whether the grim naval bat
tie within the American security
belt" constitutes a violation by the
British and the Germans of that
part of the declaration intended to
prevent belligerent operations that
might imperil American interests.
Reports from Uruguay indicate that
the contention may be advanced by
one or both sides that an engage
ment between belligerent vessels In q
bone not recognized by either side
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