- 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. |