The Geneva Protocol, by David Hunter Miller

CHAPTER XX. 150
the Permanent Court of International Justice.
101. Article 11.--The Protocol to be open for signature by {253} all States, to be ratified, and the ratifications
to be deposited with the League. The Protocol to come into force between the signatories ratifying it, as from
the date of ratification.
102. The sub-committee held eight meetings in all, finishing its work on the 22nd September. The articles
were not discussed in their numerical order, and a discussion of one article was often adjourned while the
examination of another article was begun. As it is not attempted here to give a full summary of the
discussions, it will perhaps be convenient to take the articles in order and show what modifications were
introduced.
103. Article 4.--Objection was raised to this article, mainly on the ground that it gave the Council or the
Permanent Court too wide powers of interference, and introduced the idea of a "super-State." After
consultation with other Delegations, the British Delegation produced an alternative draft which was adopted,
and which was substantially embodied in the eventual Protocol itself (becoming article 7). The only essential
difference between this draft and the eventual text was that the former provided, in paragraph 2, that the
investigations should be carried out "by the organisation set up by the Conference for the Reduction of
Armaments to ensure respect for the decisions of that Conference.
104. Article 6.--Words were inserted to the effect that demilitarised zones were recommended "as a means of
avoiding violations of the present Protocol." They were to be placed under the supervision of the Council at
the request "and at the expense" of one or more of the conterminous States.
105. Article 7.--There was considerable discussion on the first paragraph, and some demand for a distinction
to be drawn, as in the Covenant, between economic and financial sanctions on the one hand, and military
sanctions on the other. It was, however, explained that the proposed definition of the aggressor had produced a
clearer situation, in which there was no reason why the application of sanctions of all kinds under article 16 of
the Covenant should not be justified. It was pointed out that the {254} wording of this first paragraph was
illogical. The "obligations" could not "become operative against an aggressor." Accordingly, it was agreed to
substitute the words "the obligations will immediately come into force in order that the sanctions provided
may immediately become operative." The paragraph was then passed with the above amendment.
106. Exception was taken to the words in the third paragraph "undertake individually or collectively to come
to the assistance." It might prove difficult to evolve collective plans, and it was agreed, on the proposal of the
British Delegate, to substitute the words "give a joint and several undertaking to."
107. In the same paragraph the use of the expression "to ensure the safety of the land and sea communications
of the attacked or threatened State" was questioned in the first place, because it seemed that it might imply
naval or military operations. In reply, it was pointed out that the words in the same sentence "for this purpose"
showed that this paragraph related solely to economic and financial sanctions. In the second place the word
"ensure" was objected to, on the score that to undertake to ensure communications might be to undertake an
impossibility. Finally, the words "take measures to preserve the safety of communications" were substituted.
It was further pointed out that these provisions were to be applied to protect an attacked or threatened State
and that a similar distinction was expressly contained in the Covenant.
108. Article 7A.--The British Delegation desired a redraft of this article, taking exception in particular to
sub-paragraph (1), in which the word "blockade" seemed to suggest belligerent naval action. They at first
suggested omitting all words after "Council of the League of Nations" and substituting "shall, as soon as
possible after the Protocol has been ratified, take steps to ascertain from each of the signatories what
organisation or legislation is necessary to give effect to the economic and financial sanctions." An alternative
suggestion from another quarter was to substitute the words "putting into force the economic and {255}