- 3 -
sum up: until the virtually complete withdrawal of all foreigners
fighting for the insurgents has taken place by one method or
another, with guarantees equivalent to those surrounding the
withdrawal, spontaneously decided upon and carried out by the
Spanish Government, of those who voluntarily joined the ranks
of its Army, the recognition of belligerent rights in favour
of the insurgents will be a juridical iniquity, in complete opposition
to the laws of international morality.
Fifthly: Just as it would be essential, before granting belligerent
rights in favour of the insurgents, to ensure that their domination
of a large part of the national territory is not due to the support
which they receive from foreign powers, so in the same way would
it be necessary to have a guarantee that law and order in this
territory is not maintained by terrorist methods incompatible
with the elementary rules of humanity. In contrast with the situation
in Government territory, where order has been established by
juridical means in keeping with the methods of a civilized State,
all information shows that in that part of the country under
control of the insurgent leaders, terrorist methods continue
to prevail. In this connection it should be remembered that whilst
the Government was in a position immediately to accept the suggestion
of the British Commission for the Exchange of Prisoners, under
the Presidency of Field-Marshal Sir Philip Chetwode, to suspend
capital punishment, the insurgents categorically refused to do
this; so/that where the latter have continued to carry out death
sentences in Government territory no executions have taken place
since September 1st.
Sixthly: One final point which should be taken into account
when the problem of granting belligerent rights is under consideration,
is the employment of methods of warfare contrary to the laws
of humanity, and especially the aerial bombardment of the civilian
population with the object of causing terror and de %moralization.
This last point is dealt with in a note handed by the Spanish
Government to the Government of the United Kingdom on the 8th.
December 1938, and made public in London on the 9th. December,
a copy of which is attached hereto.
London. December 9th., 1938.