The Geneva Protocol Part 33

The last paragraph of Article 21 provides for the case of the partial lapsing of the Protocol after it has been put into force. Should the plan adopted by the Conference be regarded as having been put into effect, any State which fails to execute it, so far as it is concerned, will not benefit by the provisions of the Protocol.

{208}

6.--THE COVENANT AND THE PROTOCOL.

_Article 19._

The present Protocol emphasises and defines certain obligations arising out of the Covenant. Those of which the present Protocol makes no mention are not affected in any manner. They still exist. Examples which might be quoted are those laid down in Article 16, paragraph 3, of the Covenant, namely, the obligation of the States to give one another mutual support in order to minimise the loss and inconvenience resulting from the application of the economic and financial sanctions or the obligation of the States to take the necessary steps to afford pa.s.sage through their territory to forces which are co-operating to protect the covenants of the League.

Moreover, as the Swiss Delegation suggests, attention should be directed to the fact that the present Protocol does not in any way affect the special position of Switzerland arising out of the Declaration of the Council at London on February 13th, 1920. As the special position of Switzerland is in accordance with the Covenant, it will also be in accordance with the Protocol.

III.

CONCLUSION.

No further explanations need be added to these comments on the articles. The main principles of the Protocol are clear, as are the detailed provisions.

Our purpose was to make war impossible, to kill it, to annihilate it.

To do this, we had to create a system for the pacific settlement of all disputes which might arise. In other words, it meant the creation of a system of arbitration from which no international dispute, whether legal or political, could escape. The plan drawn up leaves no loophole; it prohibits wars of every description and lays down that all disputes shall be settled by pacific means.

{209}

But this absolute character which has been given to the system of arbitration should also belong to the whole of the scheme, to the treatment of every question of principle. If there were one single gap in the system, if the smallest opening were left for any measure of force, the whole system would collapse.

To this end arbitration is provided for every kind of dispute, and aggression is defined in such a way as to give no cause for hesitation when the Council has to take a decision.

These reasons led us to fill in the gaps in the Covenant and to define the sanctions in such a way that no possible means could be found of evading them, and that there should be a sound and definite basis for the feeling of security.

Finally, the Conference for the Reduction of Armaments is indissolubly bound up with this whole system: _there can be no arbitration or security without disarmament, nor can there be disarmament without arbitration and security_.

The peace of the world is at stake.

The Fifth a.s.sembly has undertaken a work of worldwide political importance which, if it succeeds, is destined profoundly to modify present political conditions. This year great progress in this direction has been made in our work. If we succeed, the League of Nations will have rendered an inestimable service to the whole modern world. Such success depends partly upon the a.s.sembly itself and partly upon individual Governments. We submit to the a.s.sembly the fruit of our labours: a work charged with the highest hopes. We beg the a.s.sembly to examine our proposals with care, and to recommend them to the various Governments for acceptance.

In this spirit and with such hopes do we request the a.s.sembly to vote the draft resolutions 1 and 2 that are presented with this Report.

{210}

ANNEX D.

RESOLUTIONS.

RESOLUTION OF THE a.s.sEMBLY, SEPTEMBER 6TH, 1924.

The a.s.sembly,

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 agreements have 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 material dealing with security and the reduction of armaments, particularly the observations of the Governments on the draft Treaty of Mutual a.s.sistance prepared in pursuance of Resolution XIV of the Third a.s.sembly 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.

{211}

RESOLUTION OF THE a.s.sEMBLY, SEPTEMBER 27TH, 1924.

Whereas the work of the League of Nations in connection with the reduction of armaments is entering this year upon a period of re-organisation which requires the direct attention of the Council,

The a.s.sembly entrusts to the Council the question of the co-ordination of the work of its Commissions for the Reduction of Armaments.

The a.s.sembly recommends the Council to re-organise the Temporary Mixed Commission in conformity with the following principles:

(1) The Commission shall include the representatives of a certain number of Governments;

(2) The Commission shall include qualified delegates of the Technical Organisation of the League of Nations, that is to say:

Representatives of the Economic Committee, " " " Financial Committee, " " " Transit Committee, " " " Permanent Advisory Commission, " " " Employers' and Labour Groups of the International Labour Office, Experts, jurists or others elected by the Council.

(3) Delegates of States not represented on the Commission may be invited to attend whenever the Commission thinks fit.

(4) The Council may invite any States not Members of the League of Nations which may have notified their intention of taking part in the International Conference for the Reduction of Armaments to appoint representatives to partic.i.p.ate in the work of the Commission.

RESOLUTION OF THE a.s.sEMBLY, OCTOBER 2ND, 1924.

I. The a.s.sembly,

Having taken note of the reports of the First and Third {212} Committees on the questions referred to them by the a.s.sembly resolution of September 6th, 1924,