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      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. 
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