The Geneva Protocol, by David Hunter Miller

CHAPTER XX. 154
signatory States undertake to afford every facility for carrying them out." This was accepted, with the
consequential amendment to the fourth paragraph, which should now begin: "If, as a result of these enquiries
and investigations, any infraction," &c. The article thus adopted became article 7 of the final Protocol.
127. Articles 5 and 6 were adopted without modification, becoming articles 10 and 9 respectively of the final
Protocol.
128. Article 7.--Owing to a change introduced by the First Committee in the text of article 5, in consequence
of which it was no longer incumbent on the Council to make a declaration of aggression, it became necessary
to alter the wording of the beginning of article 7. It was decided that this should run, "As {261} soon as the
Council has called upon the signatory States to apply sanctions against the aggressor State, in accordance with
article 6, the obligations," &c.
129. In paragraph 2 the words "signatory States" were substituted for "Members of the League."
130. The article as a whole came in for some criticism, mainly from the Netherlands and Scandinavian
Delegations. Certain remarks made by Dr. Benes in introducing the text to the Third Committee had caused
misgivings to those Delegations, who wished to be assured that the obligations in this article did not go
beyond those of article 16 of the Covenant. They observed, as had members of the sub-committee, that the
distinction drawn in the Covenant between economic and financial sanctions on the one hand, and military,
naval and aerial sanctions on the other, had disappeared from the present text, and they sought a clear
declaration that no fresh obligations were incurred in regard to the latter category, and that each Member of
the League retained the right to decide its own course of action. In the course of his reply Dr. Benes said, "the
real application of the sanctions will always be within the province of the Government themselves, and true
co-operation will always take place by direct contract between the Governments." The Danish Delegation
were not entirely satisfied, and moved to alter the second paragraph so as to make it read, "co-operate loyally
and effectively in the carrying out of the obligations provided for in article 16 of the Covenant." After
consultation with the rapporteur, they abandoned this amendment, and declared themselves satisfied with the
addition to paragraph 2 of the words, "in the degree which its geographical position and its particular situation
as regards armaments allow." As thus amended, the article was adopted, and became article 11 of the final
Protocol.
131. Article 7A was adopted without amendment, becoming article 12 of the final Protocol.
132. Article 8.--The change, referred to above, in the text of article 5, rendered necessary an alteration in the
wording of the second paragraph of this article, which it was agreed should {262} begin: "Furthermore, as
soon as the Council has called upon the signatory States to apply sanctions, as provided," &c.
133. In the same paragraph it was decided to omit the words, "the whole or such part of," and make it read,
"bring to the assistance of a particular State, which is the victim of aggression, their military, naval and air
forces." With these modifications, the article was adopted, and became article 13 of the final Protocol.
134. Article 8A was adopted, and figures as article 15 in the final Protocol. It was suggested that an addition
should be made to this article to the effect that "the Council shall alone be competent to declare that the
application of sanctions shall cease and normal conditions be re-established." The Committee decided that this
should be inserted as a separate article, and it appears in the final Protocol as article 14.
135. Articles 9 and 10 were adopted without modification, article 9 being embodied, as explained, in articles
17 and 21 of the final Protocol, and article 10 becoming article 20.
136. The text of an additional article (which became article 19 of the final Protocol) was also approved.