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The Geneva Protocol, by David Hunter Miller

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CHAPTER II. 157<br />

CHAPTER II.<br />

ACTS OF AGGRESSION.<br />

ARTICLE 4.--<strong>The</strong> High Contracting Parties solemnly declare that acts of aggression, even when not<br />

amounting to a state of war, and preparations for such acts of aggression, are hereafter to be deemed forbidden<br />

<strong>by</strong> international law.<br />

{264}<br />

ARTICLE 5.--In the absence of a state of war, measures of force <strong>by</strong> land, <strong>by</strong> sea or in the air taken <strong>by</strong> one<br />

State against another and not taken for the purpose of defense against aggression or for the protection of<br />

human life shall be deemed to be acts of aggression.<br />

General or partial mobilisation may be deemed to be preparation for an act of aggression.<br />

Any signatory which claims that another signatory has violated any of the terms of this Declaration shall<br />

submit its case to the Permanent Court of International Justice.<br />

A signatory refusing to accept the jurisdiction of the Court in any such case shall be deemed an aggressor<br />

within the terms of this Declaration.<br />

Failure to accept the jurisdiction of the Court within four days after notification of submission of a claim of<br />

violation of this Declaration shall be deemed a refusal to accept the jurisdiction.<br />

ARTICLE 6.--<strong>The</strong> Court shall also have jurisdiction on the complaint of any signatory to make a judgment to<br />

the effect that there has or has not in any given case been committed a violation of international law within the<br />

terms of Article 4.<br />

ARTICLE 7.--<strong>The</strong> Court shall, in any case, have the power to indicate, if it considers that circumstances so<br />

require, any provisional measures which ought to be taken to reserve the respective rights of either party.<br />

Pending the final decision, notice of the measures suggested shall forthwith be given to the parties.

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