The Geneva Protocol Part 42

[1] In their earlier form, as a Draft Treaty of Disarmament and Security, these proposals were circulated to the Members of the Council of the League in June, 1924. For the text, see World Peace Foundation Pamphlets, Vol. VII, No. 8. In the form here printed, the so-called "American Plan" was given out at Geneva on August 29, 1924, with the following note by General Bliss, Professor Shotwell and myself:

"It has been suggested that the proposals of the Draft Treaty of Disarmament and Security prepared by the American Group, of which we are members, might be drawn up in some form other than that of one Treaty.

"In order to facilitate the examination of this suggestion, we have prepared the four draft papers which follow. These papers are a Draft Declaration Outlawing Aggressive War (with a Draft a.s.sembly Resolution regarding the same) and three Draft Resolutions of the a.s.sembly regarding Disarmament.

"Aside from the necessary drafting changes required by the change of form, the text of these papers is substantially, and except in a few instances, literally the same as that of the Draft Treaty of Disarmament and Security above mentioned."

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ANNEX G.

THE COVENANT

OF THE LEAGUE OF NATIONS.

INCORPORATING THE PROVISIONS OF THE

PROTOCOL OF GENEVA.[1]

[Sidenote: Two clauses added from the Preamble to the Protocol.]

Recognising the solidarity of the members of the international community, and

a.s.serting that a war of aggression const.i.tutes a violation of this solidarity and an international crime,

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.

Articles 1 to 11, Inclusive.

Unchanged.

Article 11a.

[Sidenote: Article 2 of the Protocol with verbal changes.]

The Members of the League agree in no case to resort to war either with one another or against a State which, if the occasion arises, accepts all the obligations of the Covenant, except in case of resistance to acts of aggression or when acting in agreement with the Council or the a.s.sembly in accordance with the provisions of the Covenant.

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Article 12.

[Sidenote: Phrase agreeing not to resort to war for three months, omitted as unnecessary.]

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 inquiry 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 const.i.tute 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.

[Sidenote: A verbal change in the third paragraph.]

For the consideration of any such dispute, the court to which the case is referred shall be the Permanent Court of International Justice, or any tribunal agreed on by the parties to the dispute or stipulated in any convention existing between them.

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.

[Sidenote: Article 14 of the Covenant, verbally changed.]

The Permanent Court of International Justice 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 a.s.sembly.

[Sidenote: Article 3 of the Protocol, with some words added.]

The Members of the League undertake to recognize 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 Member, 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.

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Accession to this special protocol, opened for signature on December 16th, 1920, must be given within a month after the coming into force hereof, and in the case of Members of the League hereafter admitted, within a month after such admission.

[Sidenote: Article 20 of the Protocol.]