852.01/168: Telegram
The Consul at Geneva (Gilbert) to the Acting Secretary of State
[Received November 28—9:55 a.m.]
483. 1. The Secretary General has circulated a communication from the Spanish Government appealing to the Council of the League in virtue of article No. 11 of the Covenant15 to proceed at the earliest moment possible to an examination of the situation created by the recent actions of the German and Italian Governments.
The note characterizes the recognition of the Franco government by these powers as virtually an act of aggression and states that the proposed blockade by that government of Spanish Government ports is a factor likely to create international difficulties, particularly in view of the circumstance that one of the Governments recognizing “the rebels is preparing, as is proved by information in the possession of the Government of the Republic, to cooperate with them in the naval sphere as they have done in the air and on land.”
2. On the practical side, in view of the general political situation, it is not seen here that the Council can accomplish anything of use.
On the technical side, the convening of the Council is mandatory. Delegations of certain Council States here are, however, pointing out that although in the October assembly Del Vayo made assertions respecting the Spanish question the League has not heretofore been seized of the matter, that now it is brought forward by Spain in the light of recognitions of Franco, that the Covenant does not apply to a civil conflict and that likewise the League has no competency in respect of recognition which is purely a sovereign act.
On the other hand, numerous official statements by Paris and London have indicated that, in the view of those Governments, the Spanish [Page 578] situation has developed from a civil conflict to one which endangers the general peace. The technical arguments cited above may, however, continue to be employed to obviate the League’s taking a position.
It is not yet known on what date the Council will be convened. Thus far, the Council Governments have only been informed of the Spanish request. As Chile’s presidency of the Council continues, it is subject technically to the call of Edwards, Ambassador at London, whom Santiago has notified to the Secretary General as Chilean delegate succeeding Rivas Vicuna, who owing to serious illness has returned to Chile.
The question of the participation of Germany in the Council may arise under article 17 of the Covenant. It will be recalled that in the affair of the Rhineland occupation the Secretary General sent direct a notification which was ignored and that later Berlin participated in the Council, responsive to Council action taken in London. It is assumed here, in any event, that in this case no official communication will be made to Berlin, except by the Council after it convenes. What may be taking place direct between interested capitals is naturally a different matter.
In general, the course the affair will actually follow is here purely a question of speculation.