CHAPTER XX.

THE "AMENDED" COVENANT.

I trust that no one appreciates better than myself that examination of

a document bit by bit and piece by piece tends to blind the vision.

One sees the trees and not the forest. Worse than that, one gets a

false vision, a picture, if I may change the metaphor, of the buttons

on the coat but not of the man wearing the coat and still less of the

soul within the man.

A critical examination of an international legal document leads to a

discussion of trivialities and to hypotheses of almost impossible

possibilities. Of course it is true that the carrying out of a great

international agreement in the light of the facts and conditions of

international life as they arise does not proceed along the technical

lines that I have followed, but rather along those lines of policy

which really control international action. I do not mean necessarily

selfish policy, but policy in the larger sense of decisions based upon

the best judgment of those in power for the time being.

What really ought to be done in studying any proposal such as the

Protocol of Geneva, is to realize, if possible, the ultimate purpose of

the document and to visualize, so far as we can, what would happen if

it came into force, not so much what _might_ happen under a particular

phrase, but how the international relations of the world would proceed

if the whole agreement were a reality.

I have mentioned more than once that the Protocol of Geneva

contemplates that its provisions shall form part of the Covenant; in

other words, that the two documents shall be amalgamated, forming an

amended Covenant. With the hope of facilitating a general view, I have

endeavored to put the two documents together in the form of an

"amended" Covenant, and the result of this effort is set out below.[1]

Looking at the text of this "amended" Covenant, one may observe that

while twenty of the present twenty-six Articles {107} remain unchanged

in form, Articles 12 to 17, inclusive, are expanded and somewhat

rewritten; and eight Articles are added; and I do not think that the

text of the "amended" Covenant could be phrased in much less language

than it appears below.

Of course the length of a document in itself is not of much

consequence; but it is not unimportant to observe that the "amended"

Covenant is very much longer than the Covenant as it now reads. This

fact, I say, is important, because it is the visible evidence of a

reality. The Protocol of Geneva is not a mere completion of the

provisions of the Covenant. Advocates of the Protocol make a very

serious mistake when they erroneously say that the Protocol of Geneva

is merely a rounding out of incomplete and partial agreements of the

Covenant.

And it must be borne in mind that new or varied phrases in one Article

may change the whole; the amended Covenant is altered not only in those

Articles which may be textually amended, but throughout; I attempted to

show this in detail as to Article 10 of the Covenant[2]; like any other

document, the entire new paper must be read together.

What the Protocol of Geneva does is to create a new and a different

League of Nations. It is true that what I may call the procedural and

structural functions of the League are not changed; but the system of

international relations which is now set up under the League is so much

changed that one may properly say that it is an entirely new and

different system.

To my mind, there are three outstanding features of the "amended"

Covenant. It creates a complete system of compulsory arbitration; it

consecrates the legality of the _status quo_; and it is a general

defensive alliance.

Now let us compare these three features of the "amended" Covenant with

the ideas of the existing Covenant.

The first mentioned, the system of compulsory arbitration, is by far

the most important and the one that should be the starting point for

any view of the "amended" Covenant as a whole. In this arbitration

system is contained the idea of outlawry of {108} war which the

document embodies. The arbitration of disputes under the new system is

to take the place of war, which is outlawed.

All that the Covenant did was to forbid some wars, to provide for delay

in every case, and otherwise to rely wholly upon voluntary arbitration

and, in cases where they could be obtained, upon unanimous

recommendations of the Council. The framers of the Covenant were most

careful to avoid the idea of compulsory arbitration, for all that even

the unanimous recommendation of the Council could do was to prevent

hostilities.

Under the "amended" Covenant, the defensive alliance of the Members of

the League becomes complete. It is intended to see to it that arbitral

decrees are carried out; to see to it that the _status quo_ remains

untouched, except by voluntary agreement; and to see to it that the

violator is met by the combined forces of other States.

Contrast the provisions of the Covenant, which contemplate no concerted

action, unless agreed to at the time, other than economic and financial

pressure; and the preservation of the _status quo_ only so far as

Article 10 of the Covenant extends.

It would be unfair and untrue to call this new system a super-state,

for it is nothing of the sort; but it would be in a sense untrue also

to say that this new system is merely a development of the Covenant

itself; it is the sort of change that one might call a development if

it had taken two or three generations or a century to bring it about;

but not properly to be called a development when it all comes at once.

The natural conclusion to be reached is that such a complete change

cannot be realized at this time, and that is the sound conclusion.

That a system of law should be built up governing the international

relations of the States of the world, by which their differences should

be adjusted by the orderly processes of legality, excluding as a method

of adjustment the chaos of war, may be admitted. Thus far, the changes

proposed by the Protocol of Geneva are desirable; the question is

merely as to the length to which the countries of the world are willing

to go in {109} this direction at this time; and I include as a part of

this development, the outlawry of war, the agreement that war is not to

be resorted to by any State, that it should disappear from

international relations, except in so far as force must necessarily

remain as defence.

It is to be hoped that this part of the Protocol may stand; and it must

be admitted that there is inherently and _ipso facto_ to some extent a

consecration of the legality of the _status quo_ by the outlawry of war

and by peaceful settlement of disputes by legal means.

On the other hand, various features of what I may call the defensive

alliance portion of the Protocol seem to me to be impossible and at

this time inadvisable. They are supposed to flow logically from the

system of compulsory arbitration; and certainly the problem which they

attempt to solve does follow logically from any system of compulsory

arbitration and outlawry of war. If we assume war to be outlawed and a

system by which there is to be a legal settlement of disputes in place

of war, the question of course arises: Well, what is to happen in a

given case if some State which has accepted this system and has agreed

to it should refuse to abide by it, should not carry out an award or

decision or should even take up arms against it, what then?

The Continental mind very logically answers this question by saying

there must be a system of execution of decrees and that if you outlaw

war, you must have a combination for defence. This is true from the

point of view of logic; but it is not true from the point of view of

life. Compulsory arbitration and outlawry of war are untried ideas,

and we cannot say now, under all circumstances, what should be done in

the course of their working, if they are put to work; much less can

Nations now bind themselves as to a definite and complete course of

action under all possible and varying future circumstances. That such

a system of concerted action against aggression as is proposed by the

Protocol of Geneva may perhaps in time be worked out along with the

growth and development of the ideas of outlawry of {110} war and of

arbitration, may be admitted. That it can be done now is, to my mind,

contrary to the realities of life and to the lessons of history.

There is another phase of this last discussion which should be

particularly noticed. It is impossible for any such agreement for

concerted action not to have a direct bearing upon countries which are

not parties to the agreement; in other words, Russia and the United

States. We must admit at least the theoretic possibility of a conflict

between one of the Members of the League and one of these two Great

Powers, insisting, if we will, that such a possibility is highly remote

so far as the United States is concerned, and utterly unknowable so far

as Russia is concerned; but none the less a possibility.

And certainly, in view of that possibility, any provisions of a

document which looks toward force as a last resort of defence should,

in my judgment, be drawn with the utmost care to avoid the idea of a

possible conflict between the parties to the document on the one hand

and an outside State on the other. Outlawry of war and arbitration are

things to be agreed upon and not to be compelled against those who are

unwilling to agree; for the breach of such an agreement is a much more

serious and a very different thing than a refusal to arbitrate, or even

than going to war when there is no agreement.

That the hospitality, if I may call it so, of the League of Nations

should be extended to States which are unwilling to join it; that its

facilities should be offered to these States for the settlement of

disputes in every case where they are willing to accept them; that the

covenants of the Members of the League for justice toward an outside

State should be as explicit and complete as its covenants toward a

Member, I quite agree; the covenants of the Members of the League

should be covenants of peace among themselves, and of justice toward

all. This is the road to a universal League of all Nations.

If it be said that to Finland or the Baltic States or Poland or

Roumania or Turkey there is danger from their great neighbour, {111} I

cannot deny such a possibility; and if any Members of the League are

willing to join with such States in protection against such danger,

either in advance of its occurrence or when it happens, I would see no

objection to it, if such agreements were coupled with all the offers of

peaceful settlement that could be written, as well as with offers of

membership in the League, either permanent or _ad hoc_.

To a state which is contemplating the possibility of signing the

Protocol of Geneva, it may well be that the provisions of that document

regarding sanctions stand out as the most important, the ones having

the greatest possibilities as to obligations of future action. This is

a very natural point of view, and even a very proper one. And, while I

myself am very deeply convinced that, from the point of view of world

politics, the most far-reaching and vital provisions of this document

are those which refer to arbitration and to the outlawry of war, yet

perhaps for that very reason, I am equally convinced that the most

serious changes which are necessary in the paper are changes in its

provisions for sanctions and for enforcement.

With the principles of compulsory arbitration I am wholly in accord;

with the principle that outlawry of war should follow as the necessary

and natural consequence of the substitution of a reign of law for a

reign of force I quite agree; and that some tribunal should determine,

if need arise, that the agreement has been broken and that there is an

"outlaw," is a natural consequence of those principles; and that there

may be defence against aggression, if it comes, almost no one will

deny. But there, I think, we must stop so far as present agreement is

concerned. That any State may, _if it chooses_, go to the defence of

another against an adjudged aggressor I would concede; but that all

States can be or should be now required to sign an agreement so to go

to such defence, I deny. In the present state of world opinion and

when its own direct interests are not involved, any free people can

well say that it will not or ought not to sign such an undertaking.

So I say that, while arbitration may be agreed to in advance {112} and

outlawry of war may be agreed to in advance, sanctions and assistance

in defence must be voluntary.

Where does all this leave the problems of disarmament and security?

I answer by saying that the solution of these problems is very

difficult, because with it are involved feelings of national fear and

haunting doubts of possible national disaster. The feeling of security

must be a plant of slow growth, and progress toward disarmament cannot

be realized except to the extent that that growth comes. All that can

be done now is to make a beginning, and, if too much is attempted, less

will be accomplished. The world must rely on the development of the

new idea of the reign of law and reach its feeling of security as that

reign succeeds and triumphs.

The Protocol of Geneva is one of the most important of modern

international documents. This is true whether it comes into force as a

binding treaty or whether it does not; and it is true because the

Protocol represents a development of international thought since the

World War along lines of what may be called international morality, of

what may almost be called international religion, which, while not

novel in the realm of thought, were wholly novel in the diplomatic

field of action.

The belief that international law must be strengthened, the thought

that it must lay hold of international questions before the time of war

and the idea that the security of a country is to be a security for

peace and not simply a security in war, were the principles upon which

the Covenant of the League of Nations was based; but in that document

they were to some extent formulated only as hopes for the future.

These ideas which the Protocol of Geneva seeks to make complete

realities have fundamentally become a part of international life. To

my mind, they are certain to be carried out in some document in the

near future and one of their incidents will be the realization of

schemes for the reduction of armament as an incident of the development

of the feeling which exists as to security.

{113}

The Protocol of Geneva will undoubtedly be much changed as a result of

the consideration which is now being given to it by the various

important governments of the world.[3] In various respects the

Protocol goes farther than cautious public sentiment of countries like

Great Britain and her Dominions is, or ought to be, willing now to

proceed; but it is these very matters which can easily be changed and

which will be changed.

The Conference on Disarmament and its result are the cornerstones on

which the Protocol of Geneva rests. That Conference must be held and

it must have a result; the public sentiment of the world demands it;

and the satisfaction of that demand involves the adoption by the

Members of the League of the Protocol of Geneva, not the document as it

now is, but as it will be.

[1] See Annex G, p. 271.

[2] _Supra_, p. 84.

[3] Since this monograph was written, I have received the text of the

Report of the British Delegates regarding the Protocol of Geneva

(Miscellaneous No. 21, 1924, Cmd. 2289). It is reprinted as Annex E,

page 217. It is a most valuable and interesting document. I have

carefully considered its conclusions, some of which are not the same as

my own, and despite my very high regard for its authors, I see no

reason to change anything that I have written.

{116}

ANNEXES.

PAGE

A. THE COVENANT OF THE LEAGUE OF NATIONS .......................... 117

B. THE PROTOCOL OF GENEVA ......................................... 132

C. THE REPORT TO THE FIFTH ASSEMBLY ............................... 156

D. RESOLUTIONS .................................................... 210

E. REPORT OF THE BRITISH DELEGATES ................................ 217

F. THE AMERICAN PLAN .............................................. 263

G. THE "AMENDED" COVENANT ......................................... 271

{117}

ANNEX A.

THE COVENANT

OF THE

LEAGUE OF NATIONS.[1]

THE HIGH CONTRACTING PARTIES,

In order to promote international co-operation and to achieve

international peace and security

by the acceptance of obligations not to resort to war,

by the prescription of open, just and honourable relations

between nations,

by the firm establishment of the understandings of

international law as the actual rule of conduct among

Governments, and

by the maintenance of justice and a scrupulous respect

for all treaty obligations in the dealings of organised

peoples with one another,

Agree to this Covenant of the League of Nations.

ARTICLE 1.

The original Members of the League of Nations shall be those of the

Signatories which are named in the Annex to this Covenant and also such

of those other States named in the Annex as shall accede without

reservation to this Covenant. Such accession shall be effected by a

Declaration deposited with the Secretariat within two months of the

coming into force of the Covenant. Notice thereof shall be sent to all

other Members of the League.

Any fully self-governing State, Dominion or Colony not named in the

Annex may become a Member of the League if its admission is agreed to

by two-thirds of the Assembly, provided that it shall give effective

guarantees of its sincere intention to observe its international

obligations, and shall accept such regulations as may be prescribed by

the League in regard to its military, naval and air forces and

armaments.

{118}

Any Member of the League may, after two years' notice of its intention

so to do, withdraw from the League, provided that all its international

obligations and all its obligations under this Covenant shall have been

fulfilled at the time of its withdrawal.

ARTICLE 2.

The action of the League under this Covenant shall be effected through

the instrumentality of an Assembly and of a Council, with a permanent

Secretariat.

ARTICLE 3.

The Assembly shall consist of Representatives of the Members of the

League.

The Assembly shall meet at stated intervals and from time to time as

occasion may require at the Seat of the League or at such other place

as may be decided upon.

The Assembly may deal at its meetings with any matter within the sphere

of action of the League or affecting the peace of the world.

At meetings of the Assembly each Member of the League shall have one

vote, and may have not more than three Representatives.

ARTICLE 4.

The Council shall consist of Representatives of the Principal Allied

and Associated Powers, together with Representatives of four other

Members of the League. These four Members of the League shall be

selected by the Assembly from time to time in its discretion. Until

the appointment of the Representatives of the four Members of the

League first selected by the Assembly, Representatives of Belgium,

Brazil, Spain and Greece shall be members of the Council.

With the approval of the majority of the Assembly, the Council may name

additional Members of the League whose Representatives shall always be

members of the Council; the Council {119} with like approval may

increase the number of Members of the League to be selected by the

Assembly for representation on the Council.

The Council shall meet from time to time as occasion may require, and

at least once a year, at the Seat of the League, or at such other place

as may be decided upon.

The Council may deal at its meetings with any matter within the sphere

of action of the League or affecting the peace of the world.

Any Member of the League not represented on the Council shall be

invited to send a Representative to sit as a member at any meeting of

the Council during the consideration of matters specially affecting the

interests of that Member of the League.

At meetings of the Council, each Member of the League represented on

the Council shall have one vote, and may have not more than one

Representative.

ARTICLE 5.

Except where otherwise expressly provided in this Covenant or by the

terms of the present Treaty, decisions at any meeting of the Assembly

or of the Council shall require the agreement of all the Members of the

League represented at the meeting.

All matters of procedure at meetings of the Assembly or of the Council,

including the appointment of Committees to investigate particular

matters, shall be regulated by the Assembly or by the Council and may

be decided by a majority of the Members of the League represented at

the meeting.

The first meeting of the Assembly and the first meeting of the Council

shall be summoned by the President of the United States of America.

ARTICLE 6.

The permanent Secretariat shall be established at the Seat of the

League. The Secretariat shall comprise a Secretary General and such

secretaries and staff as may be required.

{120}

The first Secretary General shall be the person named in the Annex;

thereafter the Secretary General shall be appointed by the Council with

the approval of the majority of the Assembly.

The secretaries and staff of the Secretariat shall be appointed by the

Secretary General with the approval of the Council.

The Secretary General shall act in that capacity at all meetings of the

Assembly and of the Council.

The expenses of the League shall be borne by the Members of the League

in the proportion decided by the Assembly.

ARTICLE 7.

The Seat of the League is established at Geneva.

The Council may at any time decide that the Seat of the League shall be

established elsewhere.

All positions under or in connection with the League, including the

Secretariat, shall be open equally to men and women.

Representatives of the Members of the League and officials of the

League when engaged on the business of the League shall enjoy

diplomatic privileges and immunities.

The buildings and other property occupied by the League or its

officials or by Representatives attending its meetings shall be

inviolable.

ARTICLE 8.

The Members of the League recognise that the maintenance of peace

requires the reduction of national armaments to the lowest point

consistent with national safety and the enforcement by common action of

international obligations.

The Council, taking account of the geographical situation and

circumstances of each State, shall formulate plans for such reduction

for the consideration and action of the several Governments.

Such plans shall be subject to reconsideration and revision at least

every ten years.

After these plans shall have been adopted by the several {121}

Governments, the limits of armaments therein fixed shall not be

exceeded without the concurrence of the Council.

The Members of the League agree that the manufacture by private

enterprise of munitions and implements of war is open to grave

objections. The Council shall advise how the evil effects attendant

upon such manufacture can be prevented, due regard being had to the

necessities of those Members of the League which are not able to

manufacture the munitions and implements of war necessary for their

safety.

The Members of the League undertake to interchange full and frank

information as to the scale of their armaments, their military, naval

and air programmes and the condition of such of their industries as are

adaptable to war-like purposes.

ARTICLE 9.

A permanent Commission shall be constituted to advise the Council on

the execution of the provisions of Articles 1 and 8 and on military,

naval and air questions generally.

ARTICLE 10.

The Members of the League undertake to respect and preserve as against

external aggression the territorial integrity and existing political

independence of all Members of the League. In case of any such

aggression or in case of any threat or danger of such aggression the

Council shall advise upon the means by which this obligation shall be

fulfilled.

ARTICLE 11.

Any war or threat of war, whether immediately affecting any of the

Members of the League or not, is hereby declared a matter of concern to

the whole League, and the League shall take any action that may be

deemed wise and effectual to safeguard the peace of nations. In case

any such emergency should arise the Secretary General shall on the

request of any Member of the League forthwith summon a meeting of the

Council.

{122}

It is also declared to be the friendly right of each Member of the

League to bring to the attention of the Assembly or of the Council any

circumstance whatever affecting international relations which threatens

to disturb international peace or the good understanding between

nations upon which peace depends.

ARTICLE 12.

The Members of the League agree that, if there should arise between

them any dispute likely to lead to a rupture they will submit the

matter either to arbitration or judicial settlement or to enquiry by

the Council, and they agree in no case to resort to war until three

months after the award by the arbitrators or the judicial decision, or

the report by the Council.

In any case under this Article the award of the arbitrators or the

judicial decision shall be made within a reasonable time, and the

report of the Council shall be made within six months after the

submission of the dispute.

ARTICLE 13.

The Members of the League agree that whenever any dispute shall arise

between them which they recognise to be suitable for submission to

arbitration or judicial settlement and which cannot be satisfactorily

settled by diplomacy, they will submit the whole subject-matter to

arbitration or judicial settlement.

Disputes as to the interpretation of a treaty, as to any question of

international law, as to the existence of any fact which if established

would constitute a breach of any international obligation, or as to the

extent and nature of the reparation to be made for any such breach, are

declared to be among those which are generally suitable for submission

to arbitration or judicial settlement.

For the consideration of any such dispute, the court to which the case

is referred shall be the Permanent Court of International Justice,

established in accordance with Article 14, or any tribunal agreed on by

the parties to the dispute or stipulated in any convention existing

between them.

{123}

The Members of the League agree that they will carry out in full good

faith any award or decision that may be rendered and that they will not

resort to war against a Member of the League which complies therewith.

In the event of any failure to carry out such an award or decision, the

Council shall propose what steps should be taken to give effect thereto.

ARTICLE 14.

The Council shall formulate and submit to the Members of the League for

adoption plans for the establishment of a Permanent Court of

International Justice. The Court shall be competent to hear and

determine any dispute of an international character which the parties

thereto submit to it. The Court may also give an advisory opinion upon

any dispute or question referred to it by the Council or by the

Assembly.

ARTICLE 15.

If there should arise between Members of the League any dispute likely

to lead to a rupture, which is not submitted to arbitration or judicial

settlement in accordance with Article 13, the Members of the League

agree that they will submit the matter to the Council. Any party to

the dispute may effect such submission by giving notice of the

existence of the dispute to the Secretary General, who will make all

necessary arrangements for a full investigation and consideration

thereof.

For this purpose the parties to the dispute will communicate to the

Secretary General, as promptly as possible, statements of their case

with all the relevant facts and papers, and the Council may forthwith

direct the publication thereof.

The Council shall endeavour to effect a settlement of the dispute, and

if such efforts are successful, a statement shall be made public giving

such facts and explanations regarding the dispute and the terms of

settlement thereof as the Council may deem appropriate.

If the dispute is not thus settled, the Council either {124}

unanimously or by a majority vote shall make and publish a report

containing a statement of the facts of the dispute and the

recommendations which are deemed just and proper in regard thereto.

Any Member of the League represented on the Council may make public a

statement of the facts of the dispute and of its conclusions regarding

the same.

If a report by the Council is unanimously agreed to by the members

thereof other than the Representatives of one or more of the parties to

the dispute, the Members of the League agree that they will not go to

war with any party to the dispute which complies with the

recommendations of the report.

If the Council fails to reach a report which is unanimously agreed to

by the members thereof, other than the Representatives of one or more

of the parties to the dispute, the Members of the League reserve to

themselves the right to take such action as they shall consider

necessary for the maintenance of right and justice.

If the dispute between the parties is claimed by one of them, and is

found by the Council, to arise out of a matter which by international

law is solely within the domestic jurisdiction of that party, the

Council shall so report, and shall make no recommendation as to its

settlement.

The Council may in any case under this Article refer the dispute to the

Assembly. The dispute shall be so referred at the request of either

party to the dispute, provided that such request be made within

fourteen days after the submission of the dispute to the Council.

In any case referred to the Assembly, all the provisions of this

Article and of Article 12 relating to the action and powers of the

Council shall apply to the action and powers of the Assembly, provided

that a report made by the Assembly, if concurred in by the

Representatives of those Members of the League represented on the

Council and of a majority of the other Members of the League, exclusive

in each case of the Representatives of the parties to the dispute,

shall have the same force as a report by the Council concurred in by

all the members thereof {125} other than the Representatives of one or

more of the parties to the dispute.

ARTICLE 16.

Should any Member of the League resort to war in disregard of its

covenants under Articles 12, 13 or 15, it shall _ipso facto_ be deemed

to have committed an act of war against all other Members of the

League, which hereby undertake immediately to subject it to the

severance of all trade or financial relations, the prohibition of all

intercourse between their nationals and the nationals of the

covenant-breaking State, and the prevention of all financial,

commercial or personal intercourse between the nationals of the

covenant-breaking State and the nationals of any other State, whether a

Member of the League or not.

It shall be the duty of the Council in such case to recommend to the

several Governments concerned what effective military, naval or air

force the Members of the League shall severally contribute to the armed

forces to be used to protect the covenants of the League.

The Members of the League agree, further, that they will mutually

support one another in the financial and economic measures which are

taken under this Article, in order to minimise the loss and

inconvenience resulting from the above measures, and that they will

mutually support one another in resisting any special measures aimed at

one of their number by the covenant-breaking State, and that they will

take the necessary steps to afford passage through their territory to

the forces of any of the Members of the League which are co-operating

to protect the covenants of the League.

Any Member of the League which has violated any covenant of the League

may be declared to be no longer a Member of the League by a vote of the

Council concurred in by the Representatives of all the other Members of

the League represented thereon.

{126}

ARTICLE 17.

In the event of a dispute between a Member of the League and a State

which is not a Member of the League, or between States not Members of

the League, the State or States not Members of the League shall be

invited to accept the obligations of membership in the League for the

purposes of such dispute, upon such conditions as the Council may deem

just. If such invitation is accepted, the provisions of Articles 12 to

16 inclusive shall be applied with such modifications as may be deemed

necessary by the Council.

Upon such invitation being given the Council shall immediately

institute an inquiry into the circumstances of the dispute and

recommend such action as may seem best and most effectual in the

circumstances.

If a State so invited shall refuse to accept the obligations of

membership in the League for the purposes of such dispute, and shall

resort to war against a Member of the League, the provisions of Article

16 shall be applicable as against the State taking such action.

If both parties to the dispute when so invited refuse to accept the

obligations of membership in the League for the purposes of such

dispute, the Council may take such measures and make such

recommendations as will prevent hostilities and will result in the

settlement of the dispute.

ARTICLE 18.

Every treaty or international engagement entered into hereafter by any

Member of the League shall be forthwith registered with the Secretariat

and shall as soon as possible be published by it. No such treaty or

international engagement shall be binding until so registered.

ARTICLE 19.

The Assembly may from time to time advise the {127} reconsideration by

Members of the League of treaties which have become inapplicable and

the consideration of international conditions whose continuance might

endanger the peace of the world.

ARTICLE 20.

The Members of the League severally agree that this Covenant is

accepted as abrogating all obligations or understandings _inter se_

which are inconsistent with the terms thereof, and solemnly undertake

that they will not hereafter enter into any engagements inconsistent

with the terms thereof.

In case any Member of the League shall, before becoming a Member of the

League, have undertaken any obligations inconsistent with the terms of

this Covenant, it shall be the duty of such Member to take immediate

steps to procure its release from such obligations.

ARTICLE 21.

Nothing in this Covenant shall be deemed to affect the validity of

international engagements, such as treaties of arbitration or regional

understandings like the Monroe doctrine, for securing the maintenance

of peace.

ARTICLE 22.

To those colonies and territories which as a consequence of the late

war have ceased to be under the sovereignty of the States which

formerly governed them and which are inhabited by peoples not yet able

to stand by themselves under the strenuous conditions of the modern

world, there should be applied the principle that the well-being and

development of such peoples form a sacred trust of civilisation and

that securities for the performance of this trust should be embodied in

this Covenant.

The best method of giving practical effect to this principle is that

the tutelage of such peoples should be entrusted to advanced nations

who by reason of their resources, their experience or their

geographical position can best undertake this {128} responsibility, and

who are willing to accept it, and that this tutelage should be

exercised by them as Mandatories on behalf of the League.

The character of the mandate must differ according to the stage of the

development of the people, the geographical situation of the territory,

its economic conditions and other similar circumstances.

Certain communities formerly belonging to the Turkish Empire have

reached a stage of development where their existence as independent

nations can be provisionally recognized subject to the rendering of

administrative advice and assistance by a Mandatory until such time as

they are able to stand alone. The wishes of these communities must be

a principal consideration in the selection of the Mandatory.

Other peoples, especially those of Central Africa, are at such a stage

that the Mandatory must be responsible for the administration of the

territory under conditions which will guarantee freedom of conscience

and religion, subject only to the maintenance of public order and

morals, the prohibition of abuses such as the slave trade, the arms

traffic and the liquor traffic, and the prevention of the establishment

of fortifications or military and naval bases and of military training

of the natives for other than police purposes and the defence of

territory, and will also secure equal opportunities for the trade and

commerce of other Members of the League.

There are territories, such as South-West Africa and certain of the

South Pacific Islands, which, owing to the sparseness of their

population, or their small size, or their remoteness from the centres

of civilisation, or their geographical contiguity to the territory of

the Mandatory, and other circumstances, can be best administered under

the laws of the Mandatory as integral portions of its territory,

subject to the safeguards above mentioned in the interests of the

indigenous population.

In every case of mandate, the Mandatory shall render to the Council an

annual report in reference to the territory committed to its charge.

{129}

The degree of authority, control, or administration to be exercised by

the Mandatory shall, if not previously agreed upon by the Members of

the League, be explicitly defined in each case by the Council.

A permanent Commission shall be constituted to receive and examine the

annual reports of the Mandatories and to advise the Council on all

matters relating to the observance of the mandates.

ARTICLE 23.

Subject to and in accordance with the provisions of international

conventions existing or hereafter to be agreed upon, the Members of the

League:

(_a_) will endeavour to secure and maintain fair and humane

conditions of labour for men, women, and children, both in

their own countries and in all countries to which their

commercial and industrial relations extend, and for that

purpose will establish and maintain the necessary international

organisations;

(_b_) undertake to secure just treatment of the native

inhabitants of territories under their control;

(_c_) will entrust the League with the general supervision over

the execution of agreements with regard to the traffic in women

and children, and the traffic in opium and other dangerous drugs;

(_d_) will entrust the League with the general supervision of

the trade in arms and ammunition with the countries in which the

control of this traffic is necessary in the common interest;

(_e_) will make provision to secure and maintain freedom of

communications and of transit and equitable treatment for the

commerce of all Members of the League. In this connection, the

special necessities of the regions devastated during the war of

1914-1918 shall be borne in mind;

(_f_) will endeavour to take steps in matters of international

concern for the prevention and control of disease.

{130}

ARTICLE 24.

There shall be placed under the direction of the League all

international bureaux already established by general treaties if the

parties to such treaties consent. All such international bureaux and

all commissions for the regulation of matters of international interest

hereafter constituted shall be placed under the direction of the League.

In all matters of international interest which are regulated by general

convention but which are not placed under the control of international

bureaux or commissions, the Secretariat of the League shall, subject to

the consent of the Council and if desired by the parties, collect and

distribute all relevant information and shall render any other

assistance which may be necessary or desirable.

The Council may include as part of the expenses of the Secretariat the

expenses of any bureau or commission which is placed under the

direction of the League.

ARTICLE 25.

The Members of the League agree to encourage and promote the

establishment and co-operation of duly authorised voluntary national

Red Cross organisations having as purposes the improvement of health,

the prevention of disease and the mitigation of suffering throughout

the world.

ARTICLE 26.

Amendments to this Covenant will take effect when ratified by the

Members of the League whose Representatives compose the Council and by

a majority of the Members of the League whose Representatives compose

the Assembly.

No such amendments shall bind any Member of the League which signifies

its dissent therefrom, but in that case it shall cease to be a Member

of the League.

[1] Including Amendments adopted to December, 1924.

_The text of the Protocol of Geneva, which follows as Annex B, is

printed in French and English on opposite pages._

[Transcriber's note: In the source book, the French and English texts

were on facing pages, French on the even/left-hand pages, English on

the odd/right-hand pages. The same page order has been preserved in

this etext, occasionally resulting split paragraphs.]

{132}

ANNEX B.

PROTOCOLE POUR LE REGLEMENT PACIFIQUE DES DIFFERENDS INTERNATIONAUX.

Animés de la ferme volonté d'assurer le maintien de la paix générale et

la sécurité des peuples dont l'existence, l'indépendance ou les

territoires pourraient être menacés;

Reconnaissant la solidarité qui unit les membres de la communauté

internationale;

Affirmant que la guerre d'agression constitue une infraction à cette

solidarité et un crime international;

Désireux de faciliter la complète application du système prévu au Pacte

de la Société des Nations pour le règlement pacifique des différends

entre les Etats et d'assurer la répression des crimes internationaux; et

Afin de réaliser, comme l'envisage l'article 8 du Pacte, la réduction

des armements nationaux au minimum compatible avec la sécurité

nationale et avec l'exécution des obligations internationales imposées

par une action commune,

Les Soussignés, dûment autorisés à cet effet, sont convenus des

dispositions suivantes:

ARTICLE PREMIER.

Les Etats signataires s'engagent à faire tous efforts en leur pouvoir

pour l'introduction dans le Pacte d'amendements conformes au sens des

dispositions contenues dans les articles suivants.

Ils conviennent que ces dispositions deviendront obligatoires dans

leurs rapports respectifs à la date de la mise en vigueur du présent

Protocole et que, vis-à-vis d'eux, l'Assemblée et le Conseil de la

Société des Nations seront, dès lors, autorisés à exercer tous les

droits et devoirs qui leur sont conférés par ce Protocole.

ARTICLE 2.

Les Etats signataires conviennent qu'en aucun cas ils ne

{133}

ANNEX B.

PROTOCOL FOR THE PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES.

Animated by the firm desire to ensure the maintenance of general peace

and the security of nations whose existence, independence or

territories may be threatened;

Recognising the solidarity of the members of the international

community;

Asserting that a war of aggression constitutes a violation of this

solidarity and an international crime;

Desirous of facilitating the complete application of the system

provided in the Covenant of the League of Nations for the pacific

settlement of disputes between States and of ensuring the repression of

international crimes; and

For the purpose of realising, as contemplated by Article 8 of the

Covenant, the reduction of national armaments to the lowest point

consistent with national safety and the enforcement by common action of

international obligations;

The Undersigned, duly authorised to that effect, agree as follows:

ARTICLE 1.

The signatory States undertake to make every effort in their power to

secure the introduction into the Covenant of amendments on the lines of

the provisions contained in the following articles.

They agree that, as between themselves, these provisions shall be

binding as from the coming into force of the present Protocol and that,

so far as they are concerned, the Assembly and the Council of the

League of Nations shall thenceforth have power to exercise all the

rights and perform all the duties conferred upon them by the Protocol.

ARTICLE 2.

The signatory States agree in no case to resort to war either

{134}

doivent recourir à la guerre, ni entre eux ni contre tout Etat qui, le

cas échéant, accepterait toutes les obligations ci-après définies,

excepté dans le cas de résistance à des actes d'agression ou quand ils

agissent en accord avec le Conseil ou l'Assemblée de la Société des

Nations, selon les dispositions du Pacte et du présent Protocole.

ARTICLE 3.

Les Etats signataires s'engagent à reconnaître comme obligatoire, de

plein droit et sans convention spéciale, la juridiction de la Cour

permanente de Justice internationale dans les cas visés au paragraphe 2

de l'Article 36 du Statut de la Cour, mais sans préjudice de la faculté

pour un Etat quelconque, lorsqu'il adhérera au protocole special ouvert

le 16 décembre 1920, prévu par ledit article, de formuler les réserves

compatibles avec ladite clause.

L'adhésion à ce protocole spécial ouvert le 16 décembre 1920 devra être

faite dans le délai d'un mois qui suivra la mise en vigueur du présent

Protocole.

Les Etats qui adhéreront au présent Protocole après sa mise en vigueur

devront s'acquitter de l'obligation ci-dessus dans le mois qui suivra

leur adhésion.

ARTICLE 4.

En vue de compléter les dispositions des alinéas 4, 5, 6 et 7 de

l'article 15 du Pacte, les Etats signataires conviennent de se

conformer à la procedure suivante:

1. Si le différend soumis au Conseil n'a pu être réglé par lui

ainsi qu'il est prévu au paragraphe 3 dudit article 15, le Conseil

engagera les Parties à soumettre le différend à un règlement

judiciaire ou arbitral.

2. a) Si les Parties s'y refusent, il est procédé, à la demande

d'au moins l'une des Parties, à la constitution d'un Comité

d'arbitres. Le Comité sera constitué, autant que possible, par

l'accord des Parties.

{135}

with one another or against a State which, if the occasion arises

accepts all the obligations hereinafter set out, except in case of

resistance to acts of aggression or when acting in agreement with the

Council or the Assembly of the League of Nations in accordance with the

provisions of the Covenant and of the present Protocol.

ARTICLE 3.

The signatory States undertake to recognise as compulsory, _ipso facto_

and without special agreement, the jurisdiction of the Permanent Court

of International Justice in the cases covered by paragraph 2 of Article

36 of the Statute of the Court, but without prejudice to the right of

any State, when acceding to the special protocol provided for in the

said Article and opened for signature on December 16th, 1920, to make

reservations compatible with the said clause.

Accession to this special protocol, opened for signature on December

16th, 1920, must be given within the month following the coming into

force of the present Protocol.

States which accede to the present Protocol, after its coming into

force, must carry out the above obligation, within the month following

their accession.

ARTICLE 4.

With a view to render more complete the provisions of paragraphs 4, 5,

6, and 7 of Article 15 of the Covenant, the signatory States agree to

comply with the following procedure:

1. If the dispute submitted to the Council is not settled by it as

provided in paragraph 3 of the said Article 15, the Council shall

endeavour to persuade the parties to submit the dispute to judicial

settlement or arbitration.

2. (_a_) If the parties cannot agree to do so, there shall, at the

request of at least one of the parties, be constituted a Committee

of Arbitrators. The Committee shall so far as possible be

constituted by agreement between the parties.

{136}

_b_) Si, dans le délai que le Conseil aura fixé, elles ne se sont

pas entendues en tout ou en partie sur le nombre, le nom et les

pouvoirs des arbitres, ainsi que sur la procedure, le Conseil

réglera les points en suspens. Il choisira d'urgence--en

consultant les Parties--les arbitres et leur président, parmi les

personnes qui, par leur nationalité, leur caractère et leur

expérience, lui paraîtront donner les plus hautes garanties de

compétence et d'impartialité.

_c_) Après que les conclusions des Parties auront été formulées,

le Comité d'arbitres, à la demande de toute Partie, sollicitera,

par l'entremise du Conseil, sur les points de droit contestés,

l'avis consultatif de la Cour permanente de Justice

Internationale qui, dans ce cas, se réunira d'urgence.

3. Si aucune des Parties ne demande l'arbitrage, le Conseil

reprendra l'examen du différend. Au cas où le Conseil établit un

rapport voté à l'unanimité de ses membres autres que les

représentants de toute Partie au différend, les Etats signataires

conviennent de se conformer aux solutions recommandées par lui.

4. Au cas où le Conseil ne peut établir un rapport accepté par

tous ses membres autres que les représentants de toute Partie au

différend, il soumettra le différend a l'arbitrage. Il réglera

lui-même la composition, les pouvoirs et la procedure du Comité

d'arbitres et aura égard, dans le choix des arbitres, aux

garanties de compétence et d'impartialité visées au No. 2_b_

ci-dessus.

5. En aucun cas ne pourront être remises en question les solutions

ayant déjà fait l'objet d'une recommandation unanime du Conseil

acceptée par l'une des Parties interéssées.

6. Les Etats signataires s'engagent à éxecuter de bonne foi les

sentences judiciaires ou arbitrales et à se conformer, comme il

a été dit a l'alinéa 3 ci-dessus, aux solutions recommandées par

le Conseil. Dans le cas où un Etat manquerait à ces engagements,

le Conseil exercera toute son influence pour en assurer le

respect. S'il ne peut y réussir, il proposera les mesures qui

doivent en assurer

{137}

(_b_) If within the period fixed by the Council the parties have

failed to agree, in whole or in part, upon the number, the names

and the powers of the arbitrators and upon the procedure, the

Council shall settle the points remaining in suspense. It shall

with the utmost possible despatch select in consultation with the

parties the arbitrators and their President from among persons

who by their nationality, their personal character and their

experience, appear to it to furnish the highest guarantees of

competence and impartiality.

(_c_) After the claims of the parties have been formulated, the

Committee of Arbitrators, on the request of any party, shall

through the medium of the Council request an advisory opinion

upon any points of law in dispute from the Permanent Court of

International Justice, which in such case shall meet with the

utmost possible despatch.

3. If none of the parties asks for arbitration, the Council shall

again take the dispute under consideration. If the Council

reaches a report which is unanimously agreed to by the members

thereof other than the representatives of any of the parties to

the dispute, the signatory States agree to comply with the

recommendations therein.

4. If the Council fails to reach a report which is concurred in

by all its members, other than the representatives of any of the

parties to the dispute, it shall submit the dispute to

arbitration. It shall itself determine the composition, the

powers and the procedure of the Committee of Arbitrators and, in

the choice of the arbitrators, shall bear in mind the guarantees

of competence and impartiality referred to in paragraph 2 (_b_)

above.

5. In no case may a solution, upon which there has already been a

unanimous recommendation of the Council accepted by one of the

parties concerned, be again called in question.

6. The signatory States undertake that they will carry out in

full good faith any judicial sentence or arbitral award that may

be rendered and that they will comply, as provided in paragraph 3

above, with the solutions recommended by the Council. In the

event of a State failing to carry out the above undertakings, the

Council shall exert all its influence to secure compliance

{138}

l'effet, ainsi qu'il est dit à la fin de l'article 13 du Pacte.

Dans le cas où un Etat, manquant à ces engagements, recourrait à

la guerre, les sanctions prévues à l'article 16 du Pacte,

interpretées de la manière indiquée au présent Protocole, lui

deviendraient immédiatement applicables.

7. Les dispositions du présent article ne s'appliquent pas au

règlement des différends qui pourraient s'élever à la suite

des mesures de guerre prises par un ou plusieurs Etats signataires

en accord avec le Conseil ou l'Assemblée.

ARTICLE 5.

La disposition de l'alinéa 8 de l'article 15 du Pacte demeure

applicable devant le Conseil.

Si, pendant le cours d'une des procédures d'arbitrage prévues à

l'article 4 ci-dessus, l'une des Parties prétend que le différend, ou

une partie du différend, porte sur une question que le droit

international laisse à la compétence exclusive de cette Partie, les

arbitres consulteront sur ce point la Cour permanente de Justice

internationale par l'entremise du Conseil. L'avis de la Cour liera les

arbitres qui se borneront, si cet avis est affirmatif, à le constater

dans leur sentence.

Si la question est reconnue par la Cour permanente ou par le Conseil

comme étant de la compétence exclusive d'un Etat, la décision

intervenue n'empêchera pas que la situation soit examinée par le

Conseil ou par l'Assemblée, conformément à l'article 11 du Pacte.

ARTICLE 6.

Si, conformément à l'alinéa 9 de l'article 15 du Pacte, le différend

est porté devant l'Assemblée, celle-ci aura, pour le règlement du

différend, tous les pouvoirs dévolus au Conseil en ce qui concerne

l'essai de conciliation des Parties, tel qu'il est prévu aux alinéas 1,

2 ct 3 de l'article 15 du Pacte et au No. 1 de l'article 4 ci-dessus.

A défaut de reglement amiable obténu par l'Assemblée:

{139}

therewith. If it fails therein, it shall propose what steps should

be taken to give effect thereto, in accordance with the provision

contained at the end of Article 13 of the Covenant. Should a State

in disregard of the above undertakings resort to war, the sanctions

provided for by Article 16 of the Covenant, interpreted in the

manner indicated in the present Protocol, shall immediately become

applicable to it.

7. The provisions of the present article do not apply to the

settlement of disputes which arise as the result of measures of war

taken by one or more signatory States in agreement with the Council

or the Assembly.

ARTICLE 5.

The provisions of paragraph 8 of Article 15 of the Covenant shall

continue to apply in proceedings before the Council.

If in the course of an arbitration, such as is contemplated in Article

4 above, one of the parties claims that the dispute, or part thereof,

arises out of a matter which by international law is solely within the

domestic jurisdiction of that party, the arbitrators shall on this

point take the advice of the Permanent Court of International Justice

through the medium of the Council. The opinion of the Court shall be

binding upon the arbitrators, who, if the opinion is affirmative, shall

confine themselves to so declaring in their award.

If the question is held by the Court or by the Council to be a matter

solely within the domestic jurisdiction of the State, this decision

shall not prevent consideration of the situation by the Council or by

the Assembly under Article 11 of the Covenant.

ARTICLE 6.

If in accordance with paragraph 9 of Article 15 of the Covenant a

dispute is referred to the Assembly, that body shall have for the

settlement of the dispute all the powers conferred upon the Council as

to endeavouring to reconcile the parties in the manner laid down in

paragraphs 1, 2 and 3 of Article 15 of the Covenant and in paragraph 1

of Article 4 above.

Should the Assembly fail to achieve an amicable settlement:

{140}

Si l'une des Parties demande l'arbitrage, il est procédé par le

Conseil à la constitution du Comité d'arbitres, dans les

conditions prevues au No. 2 de l'article 4 ci-dessus, lettres

_a_, _b_ et _c_;

Si aucune des Parties ne demande l'arbitrage, l'Assemblée reprend,

avec les mêmes pouvoirs que le Conseil, l'examen du différend.

Les solutions recommandées par le Rapport de l'Assemblée, dans

les conditions d'approbation prévues à la fin de l'alinéa 10 de

l'article 15 du Pacte, ont la même valeur et produiront les mêmes

effets, en tout ce qui concerne le présent Protocole, que celles

recommandées par le Rapport du Conseil dans les conditions prévues

au No. 3 de l'article 4 ci-dessus.

Si la majorité nécessaire ne peut être obtenue, le différend sera

soumis a l'arbitrage et le Conseil réglera lui-même la composition, les

pouvoirs et la procédure du Comité d'arbitres, comme il est dit au No.

4 dudit article 4.

ARTICLE 7.

Dans le cas d'un différend s'elevant entre deux ou plusieurs Etats

signataires, ceux-ci conviennent que, soit avant que le differénd ait

été soumis à une procédure de règlement pacifique, soit au cours d'une

telle procédure, ils ne procéderont à aucune augmentation d'armements

ou d'effectifs qui pourrait modifier la situation fixée par la

Conférence pour la réduction des armements prévue à l'article 17 du

présent Protocole; ils ne procederont non plus à aucune mesure de

mobilisation militaire, navale, aerienne, industrielle ou économique,

ni en géneral à aucun acte de nature à aggraver ou à étendre le

différend.

Conformément aux dispositions de l'article 11 du Pacte, il est du

devoir du Conseil d'examiner toute plainte en violation des engagements

ci-dessus, qui pourrait lui être adressée par un ou plusieurs des Etats

parties au différend. Si le Conseil considère que la plainte est

recevable, il doit, s'il l'estime convenable, organiser des enquêtes et

des investigations dans un ou plusieurs des pays intéressés. Ces

enquêtes et ces investigations doivent être faites dans les délais les

plus brefs, et les Etats signataires s'engagent à donner toutes

facilités pour leur exécution.

{141}

If one of the parties asks for arbitration, the Council shall proceed

to constitute the Committee of Arbitrators in the manner provided in

sub-paragraphs (_a_), (_b_) and (_c_) of paragraph 2 of Article 4

above.

If no party asks for arbitration, the Assembly shall again take the

dispute under consideration and shall have in this connection the

same powers as the Council. Recommendations embodied in a report

of the Assembly, provided that it secures the measure of support

stipulated at the end of paragraph 10 of Article 15 of the Covenant,

shall have the same value and effect, as regards all matters dealt

with in the present Protocol, as recommendations embodied in a

report of the Council adopted as provided in paragraph 3 of Article

4 above.

If the necessary majority cannot be obtained, the dispute shall be

submitted to arbitration and the Council shall determine the

composition, the powers and the procedure of the Committee of

Arbitrators as laid down in paragraph 4 of Article 4.

ARTICLE 7.

In the event of a dispute arising between two or more signatory States,

these States agree that they will not, either before the dispute is

submitted to proceedings for pacific settlement or during such

proceedings, make any increase of their armaments or effectives which

might modify the position established by the Conference for the

Reduction of Armaments provided for by Article 17 of the present

Protocol, nor will they take any measure of military, naval, air,

industrial or economic mobilisation, nor, in general, any action of a

nature likely to extend the dispute or render it more acute.

It shall be the duty of the Council, in accordance with the provisions

of Article 11 of the Covenant, to take under consideration any

complaint as to infraction of the above undertakings which is made to

it by one or more of the States parties to the dispute. Should the

Council be of opinion that the complaint requires investigation, it

shall, if it deems it expedient, arrange for enquiries and

investigations in one or more of the countries concerned. Such

enquiries and investigations shall be carried

{142}

Les mesures ainsi prises par li Conseil sont destinées uniquement à

faciliter li règlement pacifique des différends et ne doivent préjuger

en rien du règlement lui-même.

Si, à la suite de ces enquêtes et investigations, une infraction

quelconque aux dispositions du premier alinéa du présent article est

établie, il est du devoir du Conseil de sommer l'Etat ou les Etats

coupables de l'infraction de la faire disparaître. Si l'Etat ou les

Etats en question ne se conforment pas à cette sommation, le Conseil

déclare lesdits Etats coupables d'une violation du Pacte ou du présent

Protocole et doit décider les mesures à prendre en vue de faire cesser

au plus tôt une situation de nature à menacer la paix du monde.

Pour l'application du présent article, le Conseil prendra sa décision à

la majorite des deux tiers.

ARTICLE 8.

Les Etats signataires s'engagent à s'abstenir de toute action qui

pourrait constituer une menace d'agression contre un autre Etat.

Dans li cas où un des Etats signataires estime qu'un autre Etat procédé

à des préparatifs de guerre, il a le droit d'en saisir le Conseil.

Celui-ci, après avoir vérifié les faits, opère comme il est dit à

l'article 7, alinéas 2, 4 et 5.

ARTICLE 9.

L'existence de zones demilitarisées étant de nature à prévenir les

agressions et à en faciliter la détermination sans équivoque

conformément à l'article 10 ci-dessous, l'établissement de pareilles

zones est recommandé entre les Etats qui y seraient également

consentants, comme un moyen d'éviter une violation du présent Protocole.

Les zones démilitarisées déjà existantes en vertu de certains Traités

ou Conventions, ou qui seraient établies à l'avenir entre Etats

également consentants, pourront faire l'objet d'un contrôle temporaire

ou permanent, organisé par le Conseil, à la demande et aux frais d'un

ou de plusieurs Etats limitrophes.

{143}

out with the utmost possible despatch, and the signatory States

undertake to afford every facility for carrying them out.

The sole object of measures taken by the Council as above provided is

to facilitate the pacific settlement of disputes and they shall in no

way prejudge the actual settlement.

If the result of such enquiries and investigations is to establish an

infraction of the provisions of the first paragraph of the present

Article, it shall be the duty of the Council to summon the State or

States guilty of the infraction to put an end thereto. Should the

State or States in question fail to comply with such summons, the

Council shall declare them to be guilty of a violation of the Covenant

or of the present Protocol, and shall decide upon the measures to be

taken with a view to end as soon as possible a situation of a nature to

threaten the peace of the world.

For the purposes of the present Article decisions of the Council may be

taken by a two-thirds majority.

ARTICLE 8.

The signatory States undertake to abstain from any act which might

constitute a threat of aggression against another State.

If one of the signatory States is of opinion that another State is

making preparations for war, it shall have the right to bring the

matter to the notice of the Council.

The Council, if it ascertains that the facts are as alleged, shall

proceed as provided in paragraphs 2, 4, and 5 of Article 7.

ARTICLE 9.

The existence of demilitarised zones being calculated to prevent

aggression and to facilitate a definite finding of the nature provided

for in Article 10 below, the establishment of such zones between States

mutually consenting thereto is recommended as a means of avoiding

violations of the present Protocol.

The demilitarised zones already existing under the terms of certain

treaties or conventions, or which may be established in future between

States mutually consenting thereto, may at the request and at the

expense of one or more of the conterminous States, be placed under a

temporary or permanent system of supervision to be organized by the

Council.

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ARTICLE 10.

Est agresseur tout Etat qui recourt à la guerre en violation des

engagements prévus au Pacte ou au présent Protocole. Est assimilée au

recours à la guerre la violation du statut d'une zone démilitarisée.

Dans le cas d'hostilités engagées, est présumé agresseur, sauf décision

contraire du Conseil prise à l'unanimité:

1. Tout Etat qui aura refusé de soumettre le différend à la

procédure pour règlement pacifique prévue aux articles 13 et 15

du Pacte, complétés par le présent Protocole--ou qui aura refusé

de se conformer, soit à une décision judiciaire ou arbitrale,

soit à une recommandation unanime du Conseil--ou qui aura passé

outre à un rapport unanime du Conseil, à une décision judiciaire

ou arbitrale reconnaissant que le différend qui s'est élevé

entre lui et l'autre Etat belligérant porte sur une question que

le Droit international laisse à la compétence exclusive de cet

Etat; toutefois, dans ce dernier cas, l'Etat ne sera présumé

agresseur que s'il n'a pas soumis auparavant la question au

Conseil ou à l'Assemblée, conformément à l'article 11 du Pacte.

2. Tout Etat qui aura violé une des mesures provisoires

prescrites par le Conseil pendant la période de procédure, visées

à l'article 7 du présent Protocole.

Hors les hypothèses visées aux numéros 1 et 2 du présent article, si le

Conseil n'a pu déterminer dans le plus bref délai l'agresseur, il aura

l'obligation de prescrire aux belligérants un armistice dont il fixera

les conditions à la majorité des deux tiers et dont il surveillera

l'observation.

Tout belligérant ayant refusé l'armistice ou en ayant violé les

conditions, sera réputé agresseur.

Le Conseil enjoindra aux Etats signataires d'appliquer sans retard

contre l'agresseur les sanctions visées à l'article 11 du présent

Protocole, et tout Etat signataire, ainsi requis, sera dès lors fondé à

exercer les droits d'un belligérant.

{145}

ARTICLE 10.

Every State which resorts to war in violation of the undertakings

contained in the Covenant or in the present Protocol is an aggressor.

Violation of the rules laid down for a demilitarised zone shall be held

equivalent to resort to war.

In the event of hostilities having broken out, any State shall be

presumed to be an aggressor, unless a decision of the Council, which

must be taken unanimously, shall otherwise declare:

1. If it has refused to submit the dispute to the procedure of

pacific settlement provided by Articles 13 and 15 of the Covenant

as amplified by the present Protocol, or to comply with a judicial

sentence or arbitral award or with a unanimous recommendation of

the Council, or has disregarded a unanimous report of the Council,

a judicial sentence or an arbitral award recognising that the

dispute between it and the other belligerent State arises out of

a matter which by international law is solely within the domestic

jurisdiction of the latter State; nevertheless, in the last case

the State shall only be presumed to be an aggressor if it has not

previously submitted the question to the Council or the Assembly,

in accordance with Article 11 of the Covenant.

2. If it has violated provisional measures enjoined by the Council

for the period while the proceedings are in progress as

contemplated by Article 7 of the present Protocol.

Apart from the cases dealt with in paragraphs 1 and 2 of the present

Article, if the Council does not at once succeed in determining the

aggressor, it shall be bound to enjoin upon the belligerents an

armistice, and shall fix the terms, acting, if need be, by a two-thirds

majority and shall supervise its execution.

Any belligerent which has refused to accept the armistice or has

violated its terms shall be deemed an aggressor.

The Council shall call upon the signatory States to apply forthwith

against the aggressor the sanctions provided by Article 11 of the

present Protocol, and any signatory State thus called upon shall

thereupon be entitled to exercise the rights of a belligerent.

{146}

ARTICLE 11.

Dès que le Conseil a fait aux Etats signataires l'injonction prévue au

dernier alinéa de l'article 10 du présent Protocole, les obligations

desdits Etats en ce qui concerne les sanctions de toute nature visées

aux alinéas 1 et 2 de l'article 16 du Pacte, deviennent immédiatement

opérantes afin que ces sanctions puissent porter leurs effets contre

l'agresseur sans aucun retard.

Ces obligations doivent être interprétées en ce sens que chacun des

Etats signataires est tenu de collaborer loyalement et effectivement

pour faire respecter le Pacte de la Société des Nations et pour

s'opposer à tout acte d'agression dans la mésure que lui permettent sa

situation géographique et les conditions spéciales de ses armements.

Conformément à l'alinéa 3 de l'article 16 du Pacte, les Etats

signataires prennent l'engagement, individuel et collectif, de venir à

l'aide de l'Etat attaqué ou menacé, et de se prêter un mutuel appui,

grâce à des facilités et à des échanges réciproques en ce qui concerne

le ravitaillement en matières premières et denrées de toute nature, les

ouvertures de crédit, les transports et le transit et, à cet effet, de

prendre toutes mesures en leur pouvoir pour maintenir la sécurité des

communications terrestres et maritimes de l'Etat attaqué ou menacé.

Si les deux Parties au différend sont agresseurs au sens de l'article

10, les sanctions économiques et financières s'appliquent a l'une et à

l'autre.

ARTICLE 12.

En raison de la complexité des conditions dans lesquelles le Conseil

pourrait être appelé à remplir les fonctions visées à l'article 11

ci-dessus concernant les sanctions économiques et financières et pour

préciser les garanties qui sont offertes par le présent Protocole aux

Etats signataires, le Conseil invitera immédiatement les organisations

économiques et financières de la Société des Nations à procéder à une

étude et à

{147}

ARTICLE 11.

As soon as the Council has called upon the signatory States to apply

sanctions, as provided in the last paragraph of Article 10 of the

present Protocol, the obligations of the said States, in regard to the

sanctions of all kinds mentioned in paragraphs 1 and 2 of Article 16 of

the Covenant, will immediately become operative in order that such

sanctions may forthwith be employed against the aggressor.

Those obligations shall be interpreted as obliging each of the

signatory States to co-operate loyally and effectively in support of

the Covenant of the League of Nations, and in resistance to any act of

aggression, in the degree which its geographical position and its

particular situation as regards armaments allow.

In accordance with paragraph 3 of Article 16 of the Covenant the

signatory States give a joint and several undertaking to come to the

assistance of the State attacked or threatened, and to give each other

mutual support by means of facilities and reciprocal exchanges as

regards the provision of raw materials and supplies of every kind,

openings of credits, transport and transit, and for this purpose to

take all measures in their power to preserve the safety of

communications by land and by sea of the attacked or threatened State.

If both parties to the dispute are aggressors within the meaning of

Article 10, the economic and financial sanctions shall be applied to

both of them.

ARTICLE 12.

In view of the complexity of the conditions in which the Council may be

called upon to exercise the functions mentioned in Article 11 of the

present Protocol concerning economic and financial sanctions, and in

order to determine more exactly the guarantees afforded by the present

Protocol to the signatory States, the Council shall forthwith invite

the economic and financial organisations of the League of Nations to

consider and report

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soumettre un rapport sur la nature des dispositions à prendre pour

mettre en vigueur les sanctions et mesures de coopération économique et

financière, visées à l'article 16 du Pacte et à l'article 11 du present

Protocole.

En possession de ces informations, le Conseil établira par ses

organismes compétents:

1. les plans d'action destinés à faire jouer les sanctions

economiques et financières contre un Etat agresseur;

2. les plans de coopération économique et financière entre

un Etat attaqué et les divers Etats lui portant assistance,

et il communiquera ces plans aux Membres de la Société et aux autres

Etats signataires.

ARTICLE 13.

Eu égard aux sanctions militaires, navales et aériennes dont

l'application éventuelle est prévue à l'article 16 du Pacte et à

l'article 11 du présent Protocole, le Conseil aura qualité pour

recevoir les engagements d'Etats déterminant par avance les forces

militaires, navales et aériennes que ces Etats pourraient faire

intervenir immédiatement afin d'assurer l'exécution des obligations

dérivant à ce sujet du Pacte et du présent Protocole.

Dès que le Conseil a fait aux Etats signataires l'injonction prévue au

dernier alinéa de l'article 10 ci-dessus, ces Etats peuvent en outre

faire entrer en ligne, suivant les accords antérieurement faits, leurs

forces militaires, navales et aériennes au secours d'un Etat

particulier, victime de l'agression.

Les accords visés au précédent alinéa sont enregistrés et publiés par

le Secrétariat de la Société des Nations; ils restent ouverts à tout

Etat Membre de la Société, qui voudrait y accéder.

ARTICLE 14.

Le Conseil a seul qualité pour déclarer qui'l y a lieu de faire cesser

l'application des sanctions et de rétablir les conditions normales.

{149}

as to the nature of the steps to be taken to give effect to the

financial and economic sanctions and measures of co-operation

contemplated in Article 16 of the Covenant and in Article 11 of this

Protocol.

When in possession of this information, the Council shall draw up

through its competent organs:

1. Plans of action for the application of the economic and

financial sanctions against an aggressor State;

2. Plans of economic and financial co-operation between a State

attacked and the different States assisting it;

and shall communicate these plans to the Members of the League and to

the other signatory States.

ARTICLE 13.

In view of the contingent military, naval and air sanctions provided

for by Article 16 of the Covenant and by Article 11 of the present

Protocol, the Council shall be entitled to receive undertakings from

States determining in advance the military, naval and air forces which

they would be able to bring into action immediately to ensure the

fulfilment of the obligations in regard to sanctions which result from

the Covenant and the present Protocol.

Furthermore, as soon as the Council has called upon the signatory

States to apply sanctions, as provided in the last paragraph of Article

10 above, the said States may, in accordance with any agreements which

they may previously have concluded, bring to the assistance of a

particular State, which is the victim of aggression, their military,

naval and air forces.

The agreements mentioned in the preceding paragraph shall be registered

and published by the Secretariat of the League of Nations. They shall

remain open to all States Members of the League which may desire to

accede thereto.

ARTICLE 14.

The Council shall alone be competent to declare that the application of

sanctions shall cease and normal conditions be re-established.

{150}

ARTICLE 15.

Pour répondre à l'esprit du présent Protocole, les Etats signataires

conviennent que la totalité des frais de toute opération d'ordre

militaire, naval ou aérien, entreprise pour la répréssion d'une

agression, conformément aux termes de ce Protocole, ainsi que la

réparation de tous dommages subis par les personnes civiles ou

militaires, et de tous dommages matériels occasionnés par les

opérations de part et d'autre, seront supportés par l'Etat agresseur

jusqu'à l'extréme limite de sa capacité.

Toutefois, vu l'article 10 du Pacte, il ne pourra, comme suite à

l'application des sanctions visées au présent Protocole, être porté

atteinte en aucun cas à l'intégrité territoriale ou à l'indépendance

politique de l'Etat agresseur.

ARTICLE 16.

Les Etats signataires conviennent qu'en cas de différend entre un ou

plusieurs parmi eux et un ou plusieurs Etats non signataires du présent

Protocole értangers à la Société des Nations, ces Etats étrangers

seront invités, aux conditions prévues à l'article 17 du Pacte, à se

soumettre aux obligations acceptées par les signataires du présent

Protocole aux fins de règlement pacifique.

Si l'Etat invité, refusant d'accepter les dites conditions et

obligations, recourt à la guerre centre un Etat signataire, les

dispositions de l'article 16 du Pacte, telles qu'elles sont précisées

par le présent Protocole, lui sont applicables.

ARTICLE 17.

Les Etats signataires s'engagent à prendre part à une Conférence

internationale pour la réduction des armements qui devra être convoquée

par le Conseil et qui se réunira à Geneve le lundi 15 juin 1925. Tous

autres Etats, Membres ou non de la Société, seront invités à cette

Conférence.

En vue de la convocation de la Conférence, le Conseil

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ARTICLE 15.

In conformity with the spirit of the present Protocol the signatory

States agree that the whole cost of any military, naval or air

operations undertaken for the repression of an aggression under the

terms of the Protocol, and reparation for all losses suffered by

individuals, whether civilians or combatants, and for all material

damage caused by the operations of both sides, shall be borne by the

aggressor State up to the extreme limit of its capacity.

Nevertheless, in view of Article 10 of the Covenant, neither the

territorial integrity nor the political independence of the aggressor

State shall in any case be affected as the result of the application of

the sanctions mentioned in the present Protocol.

ARTICLE 16.

The signatory States agree that in the event of a dispute between one

or more of them and one or more States which have not signed the

present Protocol and are not Members of the League of Nations, such

non-Member States shall be invited, on the conditions contemplated in

Article 17 of the Covenant, to submit, for the purpose of a pacific

settlement, to the obligations accepted by the States signatories of

the present Protocol.

If the State so invited, having refused to accept the said conditions

and obligations, resorts to war against a signatory State, the

provisions of Article 16 of the Covenant, as defined by the present

Protocol, shall be applicable against it.

ARTICLE 17.

The signatory States undertake to participate in an International

Conference for the Reduction of Armaments which shall be convened by

the Council and shall meet at Geneva on Monday, June 15th, 1925. All

other States, whether Members of the League or not, shall be invited to

this Conference.

In preparation for the convening of the Conference, the

{152}

préparera, en tenant compte des engagements prévus aux articles 11 et

13 du présent Protocole, un programme général pour la reduction et la

limitation des armements qui sera mis à la disposition de cette

Conférence et communiqué aux gouvernements le plus tôt possible, et au

plus tard trois mois avant la réunion.

Si au moins la majorité des Membres représentés en permanence au

Conseil et dix autres Membres de la Société n'ont pas déposé leur

ratification pour le 1er mai 1925, le Sécretaire général de la Société

devra prendre immédiatement l'avis du Conseil pour savoir s'il doit

annuler les invitations ou simplement ajourner la Conférence à une date

ultérieure, qui sera fixée par le Conseil pour permettre la réunion du

nombre necessaire de ratifications.

ARTICLE 18.

Toutes les fois que, dans l'article 10 ou dans toutes autres

dispositions du présent Protocole, il est fait mention d'une décision

du Conseil, elle s'entend dans le sens de l'article 15 du Pacte, à

savoir que le vote des représentants des Parties au différend ne compte

pas dans le calcul de l'unanimité ou de la majorité requise.

ARTICLE 19.

A défaut de stipulations expresses, le présent Protocole n'affecte pas

les droits et les obligations des Membres de la Société des Nations,

tels qu'ils résultent du Pacte.

ARTICLE 20.

Tout différend relatif à l'interpretation du présent Protocole sera

soumis à la Cour permanente de Justice Internationale.

ARTICLE 2l.

Le présent Protocole, dont les textes français et anglais feront foi,

sera ratifié.

{153}

Council shall draw up with due regard to the undertakings contained in

Articles 11 and 13 of the present Protocol a general programme for the

reduction and limitation of armaments, which shall be laid before the

Conference and which shall be communicated to the Governments at the

earliest possible date, and at the latest three months before the

Conference meets.

If by May 1st, 1925, ratifications have not been deposited by at least

a majority of the permanent Members of the Council and ten other

Members of the League, the Secretary-General of the League shall

immediately consult the Council as to whether he shall cancel the

invitations or merely adjourn the Conference to a subsequent date to be

fixed by the Council so as to permit the necessary number of

ratifications to be obtained.

ARTICLE 18.

Wherever mention is made in Article 10, or in any other provision of

the present Protocol, of a decision of the Council, this shall be

understood in the sense of Article 15 of the Covenant, namely that the

votes of the representatives of the parties to the dispute shall not be

counted when reckoning unanimity or the necessary majority.

ARTICLE 19.

Except as expressly provided by its terms, the present Protocol shall

not affect in any way the rights and obligations of Members of the

League as determined by the Covenant.

ARTICLE 20.

Any dispute as to the interpretation of the present Protocol shall be

submitted to the Permanent Court of International Justice.

ARTICLE 21.

The present Protocol, of which the French and English texts are both

authentic, shall be ratified.

{154}

Le dépôt des ratifications sera effectué au Secrétariat de la Société

des Nations le plus tôt qu'il sera possible.

Les Etats dont le gouvernement a son siège hors d'Europe auront la

faculté de se borner à faire connaître au Secrétariat de la Societe des

Nations que leur ratification a été donnée et, dans ce cas, ils devront

en transmettre l'instrument aussitôt que faire se pourra.

Dès que la majorité des Membres représentés en permanence au Conseil et

dix autres Membres de la Société auront déposé ou effectué leur

ratification, un procès-verbal sera dressé par le Secrétariat pour le

constater.

La mise en vigueur du Protocole aura lieu après que ce procès-verbal

aura été dressé et dès que le plan de réduction des armements aura été

adopté par la Conférence prevue à l'article 17.

Si, dans un délai, à fixer par ladite Conférence après l'adoption du

plan de réduction des armements, ce plan n'a pas été exécuté, il

appartiendra au Conseil de le constater; par l'effet de cette

constatation le présent Protocole deviendra caduc.

Les conditions en vertu desquelles le Conseil pourra constater que le

plan établi par la Conférence internationale pour la réduction des

armements n'a pas été exécuté et que, par conséquent, le présent

Protocole est devenu caduc, seront définies par la Conférence elle-même.

Tout Etat signataire qui ne se conformerait pas, après l'expiration du

délai fixé par la Conférence, au plan adopté par elle, ne pourra

bénéficier des dispositions du présent Protocole.

En foi de quoi les Soussignés, dûment autorisés à cet effet, ont signé

le présent Protocole.

Fait à Genève, le deux octobre, mil neuf cent vingt-quatre, en un seul

exemplaire qui restera déposé dans les archives du Secretariat de la

Société des Nations et qui sera enregistré par lui à la date de son

entrée en vigueur.

{155}

The deposit of ratifications shall be made at the Secretariat of the

League of Nations as soon as possible.

States of which the seat of government is outside Europe will be

entitled merely to inform the Secretariat of the League of Nations that

their ratification has been given; in that case, they must transmit the

instrument of ratification as soon as possible.

So soon as the majority of the permanent Members of the Council and ten

other Members of the League have deposited or have effected their

ratifications, a _procès-verbal_ to that effect shall be drawn up by

the Secretariat.

After the said _procès-verbal_ has been drawn up, the Protocol shall

come into force as soon as the plan for the reduction of armaments has

been adopted by the Conference provided for in Article 17.

If within such period after the adoption of the plan for the reduction

of armaments as shall be fixed by the said Conference, the plan has not

been carried out, the Council shall make a declaration to that effect;

this declaration shall render the present Protocol null and void.

The grounds on which the Council may declare that the plan drawn up by

the International Conference for the Reduction of Armaments has not

been carried out, and that in consequence the present Protocol has been

rendered null and void, shall be laid down by the Conference itself.

A signatory State which, after the expiration of the period fixed by

the Conference, fails to comply with the plan adopted by the

Conference, shall not be admitted to benefit by the provisions of the

present Protocol.

In faith whereof the Undersigned, duly authorised for this purpose,

have signed the present Protocol.

DONE at Geneva, on the second day of October, nineteen hundred and

twenty-four, in a single copy, which will be kept in the archives of

the Secretariat of the League and registered by it on the date of its

coming into force.

{156}

ANNEX C.

GENERAL REPORT SUBMITTED TO THE FIFTH ASSEMBLY ON BEHALF OF THE FIRST

AND THIRD COMMITTEES BY M. POLITIS (GREECE) AND M. BENES

(CZECHOSLOVAKIA).

I

INTRODUCTION.

After being examined for several years by the Third Committee, the

problem of the reduction of armaments has this year suddenly assumed a

different, a wider and even an unexpected form.

Last year a draft Treaty of Mutual Assistance was prepared, which the

Assembly sent to the Members of the League for their consideration.

The replies from the Governments were to be examined by the Fifth

Assembly.

At the very beginning of its work, however, after a memorable debate,

the Assembly indicated to the Third Committee a new path. On September

6th, 1924, on the proposal of the Prime Ministers of France and Great

Britain, M. Edouard Herriot and Mr. Ramsay MacDonald, the Assembly

adopted the following resolution:

"The Assembly,

"Noting the declarations of the Governments represented,

observes with satisfaction that they contain the basis of

an understanding tending to establish a secure peace,

"Decides as follows:

"With a view to reconciling in the new proposals the

divergences between certain points of view which have been

expressed and, when agreement has been reached, to enable

an international conference upon armaments to be summoned

by the League of Nations at the earliest possible moment:

"(1) The Third Committee is requested to consider the

{157}

material dealing with security and the reduction of armaments,

particularly the observations of the Governments on the draft

Treaty of Mutual Assistance, prepared in pursuance of

Resolution XIV of the Third Assembly and other plans prepared

and presented to the Secretary-General since the publication

of the draft Treaty, and to examine the obligations contained

in the Covenant of the League in relation to the guarantees

of security which a resort to arbitration and a reduction of

armaments may require:

"(2) The First Committee is requested:

"(_a_) To consider, in view of possible amendments, the

articles in the Covenant relating to the settlement of

disputes;

"(_b_) To examine within what limits the terms of Article

36, paragraph 2, of the Statute establishing the Permanent

Court of International Justice might be rendered more

precise and thereby facilitate the more general acceptance

of the clause;

and thus strengthen the solidarity and the security of the

nations of the world by settling by pacific means all disputes

which may arise between States."

This resolution had two merits, first, that of briefly summarising all

the investigations made in the last four years by the different

organisations of the League in their efforts to establish peace and

bring about the reduction of armaments, and, secondly, that of

indicating the programme of work of the Committees in the hope that,

with the aid of past experience, they would at last attain the end in

view.

The Assembly had assigned to each Committee a distinct and separate

task; to the First Committee, the examination of the pacific settlement

of disputes by methods capable of being applied in every case; to the

Third Committee, the question of the security of nations considered as

a necessary preliminary condition for the reduction of their armaments.

Each Committee, after a general discussion which served to {158} detach

the essential elements from the rest of the problem, referred the

examination of its programme to a Sub-Committee, which devoted a large

number of meetings to this purpose.

The proposals of the Sub-Committees then led to very full debates by

the Committees, which terminated in the texts analysed below.

As, however, the questions submitted respectively to the two Committees

form part of an indivisible whole, contact and collaboration had to be

established between the Committees by means of a Mixed Committee of

nine members and finally by a joint Drafting Committee of four members.

For the same reason, the work of the Committees has resulted in a

single draft protocol accompanied by two draft resolutions for which

the Committees are jointly responsible.

Upon these various texts, separate reports were submitted, which, being

approved by the Committees respectively responsible for them, may be

considered as an official commentary by the Committees.

These separate reports have here been combined in order to present as a

whole the work accomplished by the two Committees and to facilitate

explanation.

Before entering upon an analysis of the proposed texts, it is expedient

to recall, in a brief historical summary, the efforts of the last four

years, of which the texts are the logical conclusion.

HISTORICAL STATEMENT.

The problem of the reduction of armaments is presented in Article 8 of

the Covenant in terms which reveal at the outset the complexity of the

question and which explain the tentative manner in which the subject

has been treated by the League of Nations in the last few years.

"The Members of the League recognise that the maintenance

of peace requires the reduction of national armaments to

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the lowest point consistent with national safety and the

enforcement by common action of international obligations."

Here we see clearly expressed the need of reducing the burden which

armaments imposed upon the nations immediately after the war and of

putting a stop to the competition in armaments which was, in itself, a

threat to the peace of the world. But, at the same time, there is

recognised the duty of safeguarding the national security of the

Members of the League and of safeguarding it, not only by the

maintenance of a necessary minimum of troops, but also by the

co-operation of all the nations, by a vast organisation for peace.

Such is the meaning of the Covenant, which, while providing for

reduction of armaments properly so called, recognises at the same time

the need of _common action_, by all the Members of the League, with a

view to compelling a possible disturber of the peace to respect his

_international obligations_.

Thus, in this first paragraph of Article 8, which is so short but so

pregnant, mention is made of all the problems which have engaged the

attention of our predecessors and ourselves and which the present

Assembly has specially instructed us to solve, the problems of

_collective security_ and the _reduction of armaments_.

Taking up Article 8 of the Covenant, the First Assembly had already

outlined a programme. At its head it placed a pronouncement of the

Supreme Council:

"In order to diminish the economic difficulties of Europe,

armies should everywhere be reduced to a peace footing.

Armaments should be limited to the lowest possible figure

compatible with national security."

The Assembly also called attention to a resolution of the International

Financial Conference of Brussels held a short time before:

"Recommending to the Council of the League of Nations the

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desirability of conferring at once with the several Governments

concerned with a view to securing a general reduction of the

crushing burdens which, on their existing scale, armaments

still impose on the impoverished peoples of the world, sapping

their resources and imperilling their recovery from the ravages

of war."

It also requested its two Advisory Commissions to set to work at once

to collect the necessary information regarding the problem referred to

in Article 8 of the Covenant.

From the beginning the work of the Temporary Mixed Commission and of

the Permanent Advisory Commission revealed the infinite complexity of

the question.

The Second Assembly limited its resolutions to the important, but none

the less (if one may say so) secondary, questions of traffic in arms

and their manufacture by private enterprise. It only touched upon the

questions of military expenditure and budgets in the form of

recommendations and, as regards the main question of reduction of

armaments, it confined itself to asking the Temporary Mixed Commission

to formulate a definite scheme.

It was between the Second and Third Assemblies that the latter

Commission, which was beginning to get to grips with the various

problems, revealed their constituent elements. In its report it placed

on record that:

"The memory of the world war was still maintaining in many

countries a feeling of insecurity, which was represented

in the candid statements in which, at the request of the

Assembly, several of them had put forward the requirements

of their national security, and the geographical and

political considerations which contributed to shape their

policy in the matter of armaments."

At the same time, however, the Commission stated:

"Consideration of these statements as a whole has clearly

revealed not only the sincere desire of the Governments

to reduce national armaments and the corresponding

{161}

expenditure to a minimum, but also the importance of the results

achieved. These facts"--according to the Commission--"are

indisputable, and are confirmed moreover, by the replies

received from Governments to the Recommendation of the Assembly

regarding the limitation of military expenditure."

That is the point we had reached _two years ago_; there was a

_unanimous desire to reduce armaments_. Reductions, though as yet

inadequate, had been begun, and there was a _still stronger desire to

ensure the security of the world_ by a stable and permanent

organisation for peace.

That was the position which, after long discussions, gave rise _at the

Third Assembly to the famous Resolution XIV_ and at the Fourth Assembly

_to the draft Treaty of Mutual Assistance_, for which we are now

substituting the Protocol submitted to the Fifth Assembly.

What progress has been made during these four years?

Although the Treaty of Mutual Assistance was approved in principle by

eighteen Governments, it gave rise to certain misgivings. We need only

recall the most important of these, hoping that a comparison between

them and an analysis of the new scheme will demonstrate that the First

and Third Committees have endeavoured, with a large measure of success,

to dispose of the objections raised and that the present scheme

consequently represents an immense advance on anything that has

hitherto been done.

In the first place, a number of Governments or delegates to the

Assembly argued that the guarantees provided by the draft Treaty of

Mutual Assistance did not imply with sufficient definiteness the

reduction of armaments which is the ultimate object of our work.

The idea of the Treaty was to give effect to Article 8 of the Covenant,

but many persons considered that it did not, in fact, secure the

automatic execution of that article. Even if a reduction of armaments

was achieved by its means, the amount {162} of the reduction was left,

so the opponents of the Treaty urged, to the estimation of each

Government, and there was nothing to show that it would be considerable.

With equal force many States complained that no provision had been made

for the development of the _juridicial and moral elements of the

Covenant_ by the side of material guarantees. The novel character of

the charter given to the nations in 1919 lay essentially in the advent

of a moral solidarity which foreshadowed the coming of a new era. That

principle ought to have, as its natural consequence, _the extension of

arbitration and international jurisdiction_, without which no human

society can be solidly grounded. A considerable portion of the

Assembly asked that efforts should also be made in this direction. The

draft Treaty seemed from this point of view to be insufficient and

ill-balanced.

Finally, the articles relating to partial treaties gave rise, as you

are aware, to certain objections. Several Governments considered that

they would lead to the establishment of groups of Powers animated by

hostility towards other Powers or groups of Powers and that they would

cause political tension. The absence of the barriers of compulsory

arbitration and judicial intervention was evident here as everywhere

else.

Thus, by a logical and gradual process, there was elaborated the system

at which we have now arrived.

The reduction of armaments required by the Covenant and demanded by the

general situation of the world to-day led us to consider the question

of security as a necessary complement to disarmament.

The support demanded from different States by other States less

favourably situated had placed the former under the obligation of

asking for a sort of moral and legal guarantee that the States which

have to be supported would act in perfect good faith and would always

endeavor to settle their disputes by pacific means.

It became evident, however, with greater clearness and force {163} than

ever before, that if the security and effective assistance demanded in

the event of aggression was the condition _sine quâ non_ of the

reduction of armaments, it was at the same time the necessary

complement of the pacific settlement of international disputes, since

the non-execution of a sentence obtained by pacific methods of

settlement would necessarily drive the world back to the system of

armed force. Sentences imperatively required sanctions or the whole

system would fall to the ground.

_Arbitration was therefore considered by the Fifth Assembly to be the

necessary third factor, the complement of the two others with which it

must be combined in order to build up the new system set forth in the

Protocol._

Thus, after five years' hard work, we have decided to propose to the

Members of the League _the present system of arbitration, security and

reduction of armaments_--a system which we regard as being complete and

sound.

That is the position with which the Fifth Assembly has to deal to-day.

The desire to arrive at a successful issue is unanimous. A great

number of the decisions adopted in the past years have met with general

approval. There has arisen a thoroughly clear appreciation of the

undoubted gaps which have to be filled and of the reasonable

apprehensions which have to be dissipated. Conditions have therefore

become favourable for arriving at an agreement.

An agreement has been arrived at on the basis of the draft Protocol

which is now submitted to you for consideration.

{164}

II

ANALYSIS OF THE SCHEME.

1.--WORK OF THE FIRST COMMITTEE.

(_Rapporteur_: M. Politis)

DRAFT PROTOCOL FOR THE PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES.

_Preamble._

The object of the Protocol, which is based upon the resolution of

September 6th, 1924, is to facilitate the reduction and limitation of

armaments provided for in Article 8 of the Covenant of the League of

Nations by guaranteeing the security of States through the development

of methods for the pacific settlement of all international disputes and

the effective condemnation of aggressive war.

These general ideas are summarised in the preamble of the Protocol.

COMPULSORY ARBITRATION.

(_Articles 1 to 6, 10, 16, 18 and 19 of the Protocol_)

1.--INTRODUCTION.

Compulsory arbitration is the fundamental basis of the proposed system.

It has seemed to be the only means of attaining the ultimate aim

pursued by the League of Nations, viz. the establishment of a pacific

and legal order in the relations between peoples.

The realisation of this great ideal, to which humanity aspires with a

will which has never been more strongly affirmed, presupposes, as an

indispensable condition, the elimination of war, the extension of the

rule of law and the strengthening of the sentiment of justice.

The Covenant of the League of Nations erected a wall of protection

around the peace of the world, but it was a first attempt {165} at

international organisation and it did not succeed in closing the circle

sufficiently thoroughly to leave no opening for war. It reduced the

number of possible wars. It did not condemn them all. There were some

which it was forced to tolerate. Consequently, there remained, in the

system which it established, numerous fissures, which constituted a

grave danger to peace.

The new system of the Protocol goes further. It closes the circle

drawn by the Covenant; it prohibits all wars of aggression. Henceforth

no purely private war between nations will be tolerated.

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