International Law and Diplomacy in the Spanish Civil Strife

By Norman J. Padelford; Bureau of International Research of Harvard University and Radcliffe College. | Go to book overview

CHAPTER VIII
CONCLUSION

I
RULES AND PRINCIPLES OF INTERNATIONAL LAW ACCEPTED AND ACTED UPON DURING THE SPANISH CIVIL DISTURBANCE

A DISTINCTION is to be drawn in time of domestic strife between the de facto use of armed force and the legal status and rights of belligerency.

A status of insurgency may be admitted by the established government and by foreign states. This is an acknowledgment of the fact that an organized uprising for political ends involving the use of armed force and temporarily beyond the control of the civil authorities is taking place.

Admission of insurgency does not alter the legal status of the insurgents within their own state. They remain, as previously, engaged in an unlawful attempt to overthrow the established government, and their illegal status can be altered only by an amnesty or by successfully establishing themselves as the government of the state.

Admission of insurgency by the established government may be accomplished by an official announcement; by a decree closing insurgent ports to foreign trade; by the institution of military rule; or by the method of conducting hostilities. The admission may be made by foreign states, either individually or acting collectively, through such means as an official announcement; the invocation of an embargo upon the exportation of materials of war; the presentation of demands that compensation be provided for foreign property taken over for "war purposes"; the entering of protests against warlike interference with foreign vessels upon the high seas.

Admission of insurgency does not alter the international status of the established government. It continues to represent the state abroad, until overthrown or until its appointees are no longer received by for

-196-

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International Law and Diplomacy in the Spanish Civil Strife
Table of contents

Table of contents

  • Title Page iii
  • Preface vii
  • Contents xi
  • Chapter I - The Legal Status of the Contesting Parties 1
  • Conclusions 23
  • Chapter II - Interference with Foreign Shipping 25
  • Conclusions 50
  • Chapter III - The International Non-Intervention System 53
  • Chapter IV - The League of Nations and the Civil Strife 121
  • Conclusions 140
  • Chapter V - Problems in Diplomatic and Consular Relations 144
  • Conclusions 167
  • Chapter VI - The United States and the Civil Strife 169
  • Summary of American Policy 187
  • Chapter VII - The Termination of the Strife 189
  • Chapter VIII - Conclusion 196
  • Appendices 203
  • Index 675
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