The Geneva Protocol, by David Hunter Miller
The Geneva Protocol, by David Hunter Miller
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alternative text, and it was accordingly withdrawn.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,