The Altmark ' Discussion
The Altmark ' case has entered the stage of diplomatic negotiation, but in the past week certain doubts and obscu- rities have been cleared up. The ship, it appears, never did enter the port of Bergen, but that is irrelevant if (which the Norwegians dispute) territorial waters and ports are on the same basis as regards a warship's length of stay. It is clear from the statement issued by the Norwegian Foreign Minister, Professor Koht, that the captain of the Altmark ' repeatedly lied to the Norwegian authorities who questioned him, declaring in particular that he had no prisoners on board. But mendacity as a war-weapon hardly causes surprise. More important is Professor Koht's admission that he was mistaken when he stated that the British Government had last year insisted on the right of belligerent ships to sail in Norwegian territorial waters without time- limit. He now agrees that in the British communication there was no reference to time-limit at all. The Norwegian Government, contending that neither the Hague Convention nor its own regulations impose any time-limit for a passage through territorial waters (as distinct, apparently, from " remaining in " those waters), claims that Norway has been guilty of no breach of international law. A British reply to the Norwegian Note embodying these contentions is in preparation. Arbitration should, if necessary, be accepted.
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