The Geneva Protocol, by David Hunter Miller

More documents

Recommendations

Info

CHAPTER X. 42 must {62} (the language is mandatory) proceed to enjoin an armistice, to fix its terms and to supervise its execution, acting for these purposes by two-thirds majority. Then the Protocol provides that any belligerent which refuses the armistice or violates it shall be the aggressor. These provisions regarding an armistice seem to me to meet any possible objection that might be raised to the absence of a more complete and detailed system of determining in fact and in law what State is an aggressor. No matter what the presumptions were or even what procedure was laid down, it is clear that, after hostilities in any given case had actually commenced, there would be enormous difficulty for any tribunal whatever in laying down conclusively which State was the aggressor. After all, the vital thing is to prevent war; and the opening of hostilities, to be immediately followed by an armistice, would not be very much of a war. So I regard these provisions as to an armistice as the most ingenious [Transcriber's note: ingenuous?] and, except its statements of principle, the most important of all the provisions of Article 10 of the Protocol. The power given to the Council to formulate an armistice would be the power exercised if hostilities broke out rather than the power of adjudging the aggressor; unless the aggression was openly admitted, which would mean that one of the parties to the Protocol really defied the others; and, in that case, of course, it would defy the terms of an armistice as well as any other terms. But in any other case a new consideration would immediately arise. The Council would formulate an armistice and in the absence of an open defiance by one State, or possibly by a group of States, of all the others, the armistice would introduce a new situation, a situation in which hostilities were not going on; and human experience shows that, given an armistice, the recommencement of hostilities on the old grounds is a real impossibility. In the view that I take, the Sanctions of the Protocol become less important in the light of its provisions as to the determination of an aggressor, for it is only against an aggressor that the {63} main Sanctions of the Protocol can be brought into play; and these provisions for determining the aggressor really mean that an aggressor is a State or a combination of States which has finally and deliberately determined to begin war and to carry it on regardless of its most solemn engagements to the contrary. In other words, there could be no war as between the parties to the Protocol without a wilful, wanton and wicked disregard of its provisions. [1] p. 50, et seq. [2] First paragraph. [3] Annex C, p. 156 at p. 186. [4] I use the word here in its largest sense. [5] Annex C, p. 156 at p. 187. [6] Of course there may be more than two. [7] The reason why I have used in regard to Article 10 of the Protocol this uncouth language, "its last paragraph but two," is that in the English text of Article 10 there is a textual error which is extremely confusing. Article 10 really consists of five paragraphs, and the second of these five paragraphs has two sub-heads or sub-paragraphs numbered 1 and 2. The third paragraph of Article 10, in referring to these two sub-heads of the second paragraph calls them "paragraphs 1 and 2." In other words, the first words of what is here referred to as the third paragraph of Article 10 (the paragraph which I call "the last paragraph but two") read as follows: "Apart from the cases dealt with in paragraphs 1 and 2 of the present Article." They should read something like this: "Apart from the cases dealt with in sub-heads 1 and 2 of the second paragraph of the present article." Compare the French text which is perfectly clear: "Hors les hypothèses visées aux numeros 1 et 2 du présent article." See the English and French Texts of Article 10 in full, infra, pp. 144, 145.
CHAPTER X. 43 [8] September 5, 1924. [9] e. g., the Pious Fund case reported in the Hague Arbitration Cases, p. 1, and the Interest Case between Russia and Turkey, op. cit., p. 260. These two cases are also in Stowell and Munro's International Cases, Vol. I, p. 58, et seq. [10] I mean the facts from which the presumption as to the aggressor would arise. [11] I assume only two, for convenience. [12] In the Dogger Bank case, the Commission of Inquiry sat for more than two months. Hague Court Reports, Scott, p. 403. {64}
Page 1 and 2: The Geneva Protocol, by David Hunte
Page 3 and 4: The Geneva Protocol, by David Hunte
Page 5 and 6: CHAPTER I. 5 CHAPTER I. THE PROTOCO
Page 7 and 8: CHAPTER II. 7 CHAPTER II. POINTS OF
Page 9 and 10: CHAPTER III. 9 CHAPTER III. THE COM
Page 11 and 12: CHAPTER III. 11 Armaments to be dra
Page 13 and 14: CHAPTER IV. 13 Russia will certainl
Page 15 and 16: CHAPTER V. 15 The first point to be
Page 17 and 18: CHAPTER VI. 17 CHAPTER VI. INTERNAT
Page 19 and 20: CHAPTER VI. 19 (a) The interpretati
Page 21 and 22: CHAPTER VI. 21 It should be pointed
Page 23 and 24: CHAPTER VII. 23 CHAPTER VII. THE ST
Page 25 and 26: CHAPTER VII. 25 As a preliminary, l
Page 27 and 28: CHAPTER VII. 27 shall not be change
Page 29 and 30: CHAPTER VII. 29 Of course some coun
Page 31 and 32: CHAPTER VII. 31 And it must not be
Page 33 and 34: CHAPTER VIII. 33 CHAPTER VIII. DOME
Page 35 and 36: CHAPTER IX. 35 CHAPTER IX. COVENANT
Page 37 and 38: CHAPTER IX. 37 [2] Annex C, p. 180;
Page 39 and 40: CHAPTER X. 39 The view of the Repor
Page 41: CHAPTER X. 41 Here again, however,
Page 45 and 46: CHAPTER XI. 45 "If the question is
Page 47 and 48: CHAPTER XI. 47 meaning and result.
Page 49 and 50: CHAPTER XII. 49 CHAPTER XII. SANCTI
Page 51 and 52: CHAPTER XII. 51 Now what Article 11
Page 53 and 54: CHAPTER XII. 53 the mutually suppor
Page 55 and 56: CHAPTER XIII. 55 CHAPTER XIII. SEPA
Page 57 and 58: CHAPTER XIV. 57 [1] September 25, 1
Page 59 and 60: CHAPTER XV. 59 However, the questio
Page 61 and 62: CHAPTER XV. 61 from treaty and cons
Page 63 and 64: CHAPTER XV. 63 unless the United St
Page 65 and 66: CHAPTER XVI. 65 We can look back on
Page 67 and 68: CHAPTER XVII. 67 CHAPTER XVII. DEMI
Page 69 and 70: CHAPTER XVIII. 69 CHAPTER XVIII. SE
Page 71 and 72: CHAPTER XX. 71 CHAPTER XX. THE "AME
Page 73 and 74: CHAPTER XX. 73 the growth and devel
Page 75 and 76: CHAPTER XX. 75 B. THE PROTOCOL OF G
Page 77 and 78: CHAPTER XX. 77 represented at the m
Page 79 and 80: CHAPTER XX. 79 diplomacy, they will
Page 81 and 82: CHAPTER XX. 81 Upon such invitation
Page 83 and 84: CHAPTER XX. 83 (f) will endeavour t
Page 85 and 86: CHAPTER XX. 85 Covenant of amendmen
Page 87 and 88: CHAPTER XX. 87 {137} (b) If within
Page 89 and 90: CHAPTER XX. 89 l'examen du différe
Page 91 and 92: CHAPTER XX. 91 For the purposes of
Page 93 and 94:
CHAPTER XX. 93 nature, les ouvertur
Page 95 and 96:
CHAPTER XX. 95 ARTICLE 14. The Coun
Page 97 and 98:
CHAPTER XX. 97 Council shall draw u
Page 99 and 100:
CHAPTER XX. 99 INTRODUCTION. After
Page 101 and 102:
CHAPTER XX. 101 footing. Armaments
Page 103 and 104:
CHAPTER XX. 103 An agreement has be
Page 105 and 106:
CHAPTER XX. 105 signatory States wh
Page 107 and 108:
CHAPTER XX. 107 with the Council or
Page 109 and 110:
CHAPTER XX. 109 (a) Compulsory arbi
Page 111 and 112:
CHAPTER XX. 111 must comply is that
Page 113 and 114:
CHAPTER XX. 113 by the Council. In
Page 115 and 116:
CHAPTER XX. 115 which resorts in an
Page 117 and 118:
CHAPTER XX. 117 themselves decide w
Page 119 and 120:
CHAPTER XX. 119 reduction of armame
Page 121 and 122:
CHAPTER XX. 121 At the time when th
Page 123 and 124:
CHAPTER XX. 123 (b) The elimination
Page 125 and 126:
CHAPTER XX. 125 and published by th
Page 127 and 128:
CHAPTER XX. 127 {209} But this abso
Page 129 and 130:
CHAPTER XX. 129 Welcomes warmly the
Page 131 and 132:
CHAPTER XX. 131 RESOLUTION OF THE C
Page 133 and 134:
CHAPTER XX. 133 2. Certain Governme
Page 135 and 136:
CHAPTER XX. 135 of armaments may re
Page 137 and 138:
CHAPTER XX. 137 18. The above brief
Page 139 and 140:
CHAPTER XX. 139 Justice, had been e
Page 141 and 142:
CHAPTER XX. 141 {235} 41. Article 5
Page 143 and 144:
CHAPTER XX. 143 48. Article 1 was d
Page 145 and 146:
CHAPTER XX. 145 representatives of
Page 147 and 148:
CHAPTER XX. 147 72. The draft of a
Page 149 and 150:
CHAPTER XX. 149 the parties makes p
Page 151 and 152:
CHAPTER XX. 151 financial sanctions
Page 153 and 154:
CHAPTER XX. 153 reduction of armame
Page 155 and 156:
CHAPTER XX. 155 After the work of t
Page 157 and 158:
CHAPTER II. 157 CHAPTER II. ACTS OF
Page 159 and 160:
CHAPTER IV. 159 CHAPTER IV. DECREES
Page 161 and 162:
CHAPTER IV. 161 2. The said Commiss
Page 163 and 164:
CHAPTER IV. 163 by the acceptance o
Page 165 and 166:
CHAPTER IV. 165 [Sidenote: Numbers
Page 167 and 168:
CHAPTER IV. 167 If a Member of the
Page 169 and 170:
CHAPTER IV. 169 effectively in supp
Page 171 and 172:
CHAPTER IV. 171 Page numbers in thi
Page 173 and 174:
CHAPTER IV. 173 must, at no additio
Page 175 and 176:
CHAPTER IV. 175 The Foundation's pr
show all

The Geneva Protocol, by David Hunter Miller

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?