BELLIGERENT RIGHTS.

Hawke's Bay Herald-Tribune, Volume 81, Issue 31, 30 October 1937, Page 4

BELLIGERENT RIGHTS.

The question of granting "belligerent rights to the contending parties in the Spariish civil war has bulked largeiy m . the discussions of the International Non-Intervention Committee. In fact, it |jas been the rock which has threatened wreck to all hopes of unanimous agreement and is even now, ostensibly at any rate, keeping Russia, from faihng m with the proposals upon which the other Powers concerned are now m tair accord. The fact that open warfare on a quite big scale has now been in progress in the Peninsula for more than 3. year does not constitute those engaegd in it "belligerents in the sense that is given to the word in international law. Under it there can be belligerents, with all the rights and responsibilities the term technically implies, in the case only of a war, rormally declared and intimated, between countries under mdependent and fully recognised governments. Though Italy and Gerraany have extended diplomatic recognition to the government which General Franco claims to have set up, this does not even with them alter the position so far as belligerent rights are concerned, for it means that with them the republican Government had ceased to exist. As a matter of fact, there are of course really two Governments in Spain exercising authority in what are now fajrly weli defined areas, but there has been no partition of the country such as might lead to general diplomatic recognition of both. Thus, under international law the war that is going on can be regarded merely as an internal disturbance that does not confer belligerent rights on either side. What is now in contemplation, subject to the withdrawal of foreign ' volunteers from the military forces of both sides, is a declaration by the Powers reprpsented on the committee which will, to all practical intents and purposes, place the two Spanish factions on a footing comparable with that which they would hold were the war of an international instead of an internal character. Hitherto the war has been of such a nature that, m terms of international law, as there have been no belligerents so also there have been no outside "neutrals." Thus among the other nations it has been very much of a go-as-you-please in the way of extending assistance to one side or the other. This was a condition of affairs which obviously tended to the spread of hostilities beyond the confines of Spain, and it has been Great Britain's chief aim to so regularise the civil war as to prevent this. It has involved a long and patient struggle and it cannot perhaps be said even yet that her efforts have been crowned by absolute success. But, with the Russian exception, indications are certainly very much more favourable than at any time hitherto. Assuming eventual and effectual agreement in the Committee — there are still strong hopes of Russia commg in — probably the most important "right" conferred will be that of blockade, a term which is applicable to both land and sea frontiers. On the sea-fronts there have already been in operation attempts at keeping foreign shipping from entering Spanish ports. But these have been of an altogether irregular kind and have led to "incidents" that endangered international peace. Now, if the Committee's proposals are hnally adopted, any exercise of*the right of blockade will have to conform to international law on the subject and will have to recognise th'e rights of neutrals as set out in that law. This will mean that not only will blockade have to be formally intimated and its coastal limits defined, but it will also have to be continuously and effectively carried out and* with all due respect to the rights of neutral shipping engaged in legitimate activifiesi Having regard to the scanty naval forces available, it may well be doubted as to whether either side could establish any at all extensive blockade such as would comply with the requirements of international law on the subject. But, if either were able to do so, it would probably be the insuregnts, whose naval force, such as it is, would seem to be much the stronger. That General Franco has sojnething of the kind in view would seem to be indicated by the report that he is establishing a naval base on the Spanish island of Ma'joria, within easy reach of such part of the mainland coast as is still in the hands of the republican Government. There may, of course, also be some significance in the fact that Majoica is very easily accessible "from Italy, who, indeed, has for some time, with General Fianco's consent, been making something of a naval base of it herselt.