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The Geneva Protocol, by David Hunter Miller

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CHAPTER XX. 151<br />

financial sanctions against" for the words "establishing the blockade of" in sub-paragraph (1). It was agreed to<br />

combine both amendments--to adopt the British text above, and to begin a second paragraph with the words<br />

"When in possession of this information the Council shall draw up, through its competent organs: (1) plans of<br />

action for the application of the economic and financial sanctions of article 16 of the Covenant against an<br />

aggressor State," &c.<br />

109. Later, the British Delegation proposed to redraft the first paragraph in the form in which it finally appears<br />

in the <strong>Protocol</strong> (having become article 12), to delete the remainder, and to substitute "It shall communicate<br />

this report to the members of the League and to the other signatories." <strong>The</strong> redraft of the first paragraph was<br />

accepted, but it was decided to allow the second paragraph to stand, as amended above.<br />

110. Article 8.--<strong>The</strong> British Delegation had objections to raise against both paragraphs of this article. In the<br />

first paragraph they objected to the words "place at the Council's disposal," and the second paragraph they<br />

regarded as an attempt to revert to what was the operative principle of the Draft Treaty of Mutual Assistance.<br />

111. <strong>The</strong>y suggested as an alternative text:--<br />

"Having regard to the fact that military sanctions are foreseen in article 16 of the Covenant, the Council may<br />

receive undertakings from States fixing in advance the military forces which they would be willing to employ<br />

against a Member of the League which was declared to be an aggressor.<br />

"In view of the right of Members of the League to enter into such arrangements with the Council, no<br />

agreement shall in future be concluded between States Members of the League, providing for military action<br />

to be taken <strong>by</strong> them."<br />

112. It became evident that the sub-committee could not be induced to accept the second paragraph of this<br />

alternative text, and it was accordingly withdrawn. Exception was also taken {256} to the words in the first<br />

paragraph, "against a Member of the League," &c., and it was agreed to substitute the words, "to ensure the<br />

fulfilment of the obligations in regard to sanctions which result from the Covenant and the present <strong>Protocol</strong>."<br />

113. <strong>The</strong> French Delegation then proposed that the article should read:--<br />

"In view of the contingent military, naval and air sanctions provided for in article 16 of the Covenant, and<br />

article 7 of the present <strong>Protocol</strong>, the Council shall be entitled to receive undertakings entered into <strong>by</strong> States<br />

determining in advance the military, naval and air forces which they would bring into action immediately to<br />

ensure the fulfilment of the obligations in regard to sanctions which result from the Covenant and the present<br />

<strong>Protocol</strong>.<br />

"When the aggressor is designated, the signatory States may, moreover, place in the field, in accordance with<br />

agreements previously entered into, the whole or such part of their military, naval and air forces as they may<br />

consider necessary for the assistance of a State which shall have been the victim of aggression.<br />

"<strong>The</strong> obligations of the second paragraph shall be duly registered and published <strong>by</strong> the League of Nations, and<br />

shall remain open for adherence <strong>by</strong> any State Member of the League which so desires."<br />

114. It was the right of States, as the matter then stood, to enter into special agreements with one another for<br />

determining in advance the military, naval and air forces which they would bring to the assistance of one<br />

another under the conditions indicated. Under the <strong>Protocol</strong>, these special agreements would only come into<br />

force when the Council had decided which State is the aggressor: they would simply provide means for<br />

applying rapidly the sanctions prescribed in the Covenant and the <strong>Protocol</strong>.<br />

115. Before, however, agreeing to this text a statement was made on behalf of the British Delegation,

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