General Discussions
This is the place to discuss general issues related to the U-boat war or the war at sea in WWII.
RE: Argentina & Spain
Posted by:
Bob Henneman
()
Date: July 02, 2001 12:01AM
<HTML>Under international law, primarily the Hague Convention of 1907, any warship belonging to a belligerent nation that is interned by a neutral nation remains the property of the belligerent nation. At the conclusion of hostilities, the vessel must be returned to that nation. Unless, as was the case of Germany after both world wars, the treaty ending the war specifically states that the warship that was interned becomes the property of the victorious power(s). Then the warship must be turned over to the new owners. Because the neutral nation never owns the vessel, it is actually turned over to the victorious powers by the original owners. The original owners (losers of the war) must notify the neutral power in advance of the transfer.
In neither case does the neutral nation have the right to keep the vessel. Nor, by the way, do they have the right to board the vessel without permission from the captain.
The officers and crew of the interned vessel were also interned. They could not leave their vessel, except in emergency or to seek medical attention that they could not receive on board, or if the size and condition of the vessel make living on board imposable. If the vessel is uninhabitable, sunk, or scuttled (like Graf Spee), the officers and men are kept in quarters provided by the host government (a hotel in the case of the Graf Spee). The nation owning the vessel is expected to compensate the host government for the expenses of feeding (and housing, if necessary) the men, though food and medical attention cannot be withheld for humanitarian reasons. Failure to settle the bill is grounds to hold up the transfer of the vessel back to the original owners, however.
Upon surrendering the vessel and crew to the victorious powers, the host nation may seek compensation to recoup the costs of the food and medical attention given to the crew.
If, as in the case of the United States in 1917, the ‘host’ nation ceases to be neutral, they may forcibly board the interned vessel, seize it, and take the crew as prisoners of war. The United States had interned 109 German flagged merchant vessels in 1914, and seized them upon entry into the First World War. All entered service as US flagged vessels, and the Treaty of Versailles gave ownership of these vessels to the USA.
I guess the short answer is that by turning the u-boats over to the Allies, Spain and Argentina complied with international law, and got to present a bill to the Allies for the cost of the internment. They also hoped that by playing nice to the victorious Allies they would be the beneficiaries of any post-war Versailles-type treaty that forced the Germans to compensate other nations for any war costs.
</HTML>
In neither case does the neutral nation have the right to keep the vessel. Nor, by the way, do they have the right to board the vessel without permission from the captain.
The officers and crew of the interned vessel were also interned. They could not leave their vessel, except in emergency or to seek medical attention that they could not receive on board, or if the size and condition of the vessel make living on board imposable. If the vessel is uninhabitable, sunk, or scuttled (like Graf Spee), the officers and men are kept in quarters provided by the host government (a hotel in the case of the Graf Spee). The nation owning the vessel is expected to compensate the host government for the expenses of feeding (and housing, if necessary) the men, though food and medical attention cannot be withheld for humanitarian reasons. Failure to settle the bill is grounds to hold up the transfer of the vessel back to the original owners, however.
Upon surrendering the vessel and crew to the victorious powers, the host nation may seek compensation to recoup the costs of the food and medical attention given to the crew.
If, as in the case of the United States in 1917, the ‘host’ nation ceases to be neutral, they may forcibly board the interned vessel, seize it, and take the crew as prisoners of war. The United States had interned 109 German flagged merchant vessels in 1914, and seized them upon entry into the First World War. All entered service as US flagged vessels, and the Treaty of Versailles gave ownership of these vessels to the USA.
I guess the short answer is that by turning the u-boats over to the Allies, Spain and Argentina complied with international law, and got to present a bill to the Allies for the cost of the internment. They also hoped that by playing nice to the victorious Allies they would be the beneficiaries of any post-war Versailles-type treaty that forced the Germans to compensate other nations for any war costs.
</HTML>
| Subject | Written By | Posted |
|---|---|---|
Argentina & Spain
|
Walter M. | 07/01/2001 08:46AM |
|
RE: Argentina & Spain
|
Bob Henneman | 07/02/2001 12:01AM |
|
RE: Argentina & Spain
|
Walter M. | 07/02/2001 12:23PM |
|
RE: Argentina & Spain
|
Bob Henneman | 07/02/2001 11:25PM |
|
RE: Argentina & Spain
|
Antonio Veiga | 07/02/2001 06:45PM |