740.00111 A.R.N.C./182
Memorandum by the Under Secretary of State
(
Welles
) to the Legal Adviser (
Hackworth
)
[
Washington
,] May 9, 1941.
Mr. Hackworth: Dr. Fenwick8 left with me this memorandum this
morning.
I think it is highly desirable that the Committee of which he is a member
extend the scope of its functions in every appropriate way during these
critical times. My judgment is that the points made in the memorandum
are satisfactory. Will you let me have your reaction?
[Annex]
Memorandum by the American Member of the
Inter-American Neutrality Committee (Fenwick)
Memorandum in Reference to Extension of the
Functions of the Inter-American Neutrality Committee
1. Original functions of the Neutrality Committee in respect to
application of the technical rules of neutrality have now been
greatly limited.
Technically unneutral acts which are now being committed by the
United States can be justified in International Law by the fact that
Germany has undermined the foundations of the law of neutrality. But
the result is that the “standards” laid down by the General
Declaration of Neutrality adopted at Panama9 can no longer be interpreted or
applied strictly.
2. New functions which might be assigned to the Neutrality
Committee.
[Page 6]
Recommendations setting forth rules in respect to
-
a.
- Claims growing out of acts in accordance with the law of
neutrality.
- 1.
- Determination of basis of compensation to American
States for costs of internment of belligerent
merchant ships and their crews.
- 2.
- Determination of basis of compensation for the
requisition or utilization by neutral American
States of belligerent merchant ships lying idle in
American ports.
- 3.
- Determination of basis of compensation for
requisition by belligerents of neutral property
located in their territories, in accordance with the
law of Angary.
-
b.
- Claims growing out of violations of the law of neutrality.
- 1.
- Compensation for the death of neutral persons and
the destruction of neutral vessels, cargos and mails
in consequence of illegal submarine attacks.
- 2.
- Compensation for the death of neutral persons and
the destruction of neutral property in consequence
of illegal bombardment and other acts in violation
of the law of war on land (e. g., announcement by
State Department that it reserved the right to press
a claim in the case of the death of American
diplomatic officer killed in Norway).
- 3.
- Compensation for acts of sabotage committed upon
neutral property in neutral territory by agents of
belligerents.
3. If the Neutrality Committee proves capable of handling neutrality
claims it might be later given competence to make recommendations in
respect to inter-American claims cases in general.
C. G. Fenwick
[
Washington
,] May 9, 1941.
