The Geneva Protocol, by David Hunter Miller

CHAPTER XX. 146
though it had submitted the dispute to the Council, the Council were unable to make any recommendations on
the subject. To meet this view, the amendment previously referred to was made to article 5, and the words
"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" were
added to paragraph 2 (1) of article 10. In the opinion of the British Delegation, this amendment does not affect
paragraph 3 of article 10. If a resort to war occurs, and the Council cannot determine the aggressor, it is still
bound to impose an armistice upon the belligerents.
66. To the final paragraph of article 10 the words "and any signatory State thus called upon shall thereupon be
entitled to exercise the rights of a belligerent" were added at the suggestion of the British representative. This
addition was made to safeguard the position of a State which, though no party to the dispute, joined in
coercive measures to uphold the Covenant of the League and in so doing took forcible measures against the
persons or the property of nationals of another State.
Article 16.
67. The relations between States signatory to the Protocol and States non-signatory and non-members of the
League presented a problem the solution of which required great care. {246} The various aspects of the
question were thoroughly examined, and it was finally agreed that it would be sufficient to bring the principle
contained in article 17 of the Covenant into harmony with the provisions of the Protocol. Sanctions can only
be imposed on a State which is not a Member of the League if it refuses to accept the conditions and
obligations of the Protocol when invited to do so, and resorts to war against a signatory State.
68. The question was raised of the relationship between States Members of the League signatory to the
Protocol and non-signatory States Members. After careful examination, it was generally agreed that no special
arrangement was necessary. The Members of the League are bound inter se by the Covenant and
non-signatory Members are entitled, if they wish, to prefer the procedure laid down in the Covenant to the
new procedure of the Protocol.
Article 18.
69. Article 18 was inserted to satisfy apprehensions which had been expressed in certain quarters. The British
Delegation were not convinced of its necessity, but saw no reason to object to it.
Article 19.
70. Article 19 was inserted as a saving clause. It emphasises the intention to preserve the Covenant as the
principal document governing the relations between States Members of the League. The relations between
signatories and non-signatories to the Protocol are still to be governed by the Covenant. The Covenant is to
stand, but it is to be enriched by the principal provisions of the Protocol. The amended Covenant is intended
ultimately to take the place of the separate régime of the Protocol.
Resolution No. 1.
71. It had been originally suggested that the provisions of {247} the Protocol should be embodied in the form
of resolutions to be submitted for adoption by the Assembly. In view, however, of the fact that adoption of
such resolutions by the Assembly might be held to commit the Governments there represented to the
acceptance of its provisions, and in view of the difficulty which Delegations found in consulting their
Governments, this proposal was found to be impracticable. It was thereupon decided that the Protocol should
be drawn up as a separate instrument, and that its acceptance should be recommended by the Assembly to all
States Members of the League.