865.30/49

The Spanish Ministry for Foreign Affairs to the American Embassy in Spain 77

[Translation]
No. 586

Note Verbale

The Ministry of Foreign Affairs presents its compliments to the Embassy of the United States and with reference to the latter’s Note Verbale No. 1337 of September 13, concerning necessary facilities in order that the Italian warships anchored in the ports of Mahon and Pollensa, as reported in the cited Note, may abandon said ports, in which they had sought and found refuge, has the honor to advise that it cannot grant the request therein contained due to the internment of the vessels upon not having put to sea within 24 hours of their arrival.

The arguments set forth in the referred-to Note having been examined attentively, this Department must likewise contradict them by pointing out that such an Armistice constitutes a case of res inter [Page 716] alios for neutrals, the fulfillment or non-fulfillment of which does not affect them juridically, and that since an armistice is a simple cessation of hostilities and is not peace, the principles, rights and duties of neutrality continue to be binding for neutrals.

With respect to the provision of petroleum, an argument on which the Note under reference also dwells, this Ministry considers that the providing of petroleum, according to the terms of the XIII Hague Convention, is optional and in any case subject to the standard of strict equality for all belligerents, in accordance with a strict and just interpretation of the duties of neutrality. Furthermore, there is no grounds for extending indefinitely the period for supplying fuel when there is an initial lack thereof, as has occurred in this case, since this would lead to prolonging said period of twenty-four hours by such time as to vitiate completely the purpose which inspired the fixing thereof.

Because of the reasons set forth and duly informed by the competent technical organisms, this Ministry finds itself obliged not to grant the request of that Embassy.

  1. Copy transmitted to the Department by the Ambassador in Spain in his despatch No. 1441, October 12; received October 21.