The Geneva Protocol, by David Hunter Miller

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CHAPTER XII. 54 obligation. [4] On October 4, 1921. Official Journal, October, 1921, Special Supplement No. 6, p. 24. [5] See League of Nations Official Journal, October, 1921, Special Supplement No. 6, pp. 14-15, 24-26, also October, 1924, Special Supplement No. 21, p. 9. [6] Except as to the possibilities of Article 10 of the Covenant, as to which see infra, p. 84, et seq. [7] The debates in the Third Committee of the Fifth Assembly are of interest in this regard. [8] The French is "engagements." [9] Annex C, p. 156 at p. 197, et seq. [10] by unanimous vote. [11] p. 10, et seq. {82}
CHAPTER XIII. 55 CHAPTER XIII. SEPARATE DEFENSIVE AGREEMENTS. The general character of the Protocol of Geneva is such that separate defensive agreements between the parties to it lose substantially all of their former importance. The Protocol itself is, among other things, a general defensive agreement; and under such an agreement, faithfully lived up to, substantially the only part that could be played by separate agreements would be to make more detailed and more regional, perhaps, in their obligation and execution, the general obligations binding all signatories. The possibility of these separate defensive agreements is mentioned in Article 13 of the Protocol. It is laid down that they must be public; furthermore, action under them cannot take place until the Council "has called upon the signatory States to apply sanctions." Finally, there is a most significant provision which illustrates the relatively unimportant character of such separate agreements under the Protocol--any such agreement must remain open to all Members of the League which desire to accede thereto. This last mentioned provision takes away every possible idea that such defensive agreements under the Protocol could be anything like the former "defensive" alliances. Obviously, a defensive agreement which is open to any Member of the League is merely a part of the general agreement; particularly is this so when the performance of the agreement depends and is conditioned upon the request of the Council. Indeed, in view of the other provisions of the Protocol, it is very difficult to see any substantial difference between these so-called defensive agreements and the undertakings[1] which, by Article 13, States which are signatory to the Protocol may voluntarily give to the Council regarding the armed forces which might be used in the application of the sanctions. I say that the {83} two things are similar for this reason: if in a given case the Council decides that the military sanctions are to be applied any Signatory is then entitled, at least if it chooses, to use the whole of its armed forces against the aggressor. This being so, the use of a specified portion of these forces in any given case comes to just the same thing whether it arises from the general agreement to apply sanctions or from a particular undertaking with the Council or from a particular agreement with another Signatory. We may go to this length in thinking of these defensive agreements hereafter; in view of the fact that they must be public that any Member of the League may adhere to them and that they cannot be performed until the Council of the League says so, there could be in such a paper no effective provision which would go beyond the engagements under the Protocol itself. Article 13 of the Protocol says that these separate agreements may be acceded to by any Member of the League of Nations. This language would include a Member of the League which was not a signatory of the Protocol. Under Article 13, it is only the States signatory to the Protocol which may make separate agreements. The point is doubtless of no real importance; but it cannot be intended that these separate agreements, if any be made, shall be acceded to by States other than those bound by the Protocol, for any such separate agreement would be in reality a paper subsidiary to the Protocol. [1] Whether these "undertakings" would have the same legal quality as a treaty is at least doubtful. {84}
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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 and 42: CHAPTER X. 41 Here again, however,
Page 43 and 44: CHAPTER X. 43 [8] September 5, 1924
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: CHAPTER XII. 53 the mutually suppor
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
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CHAPTER XX. 105 signatory States wh
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CHAPTER XX. 107 with the Council or
Page 109 and 110:
CHAPTER XX. 109 (a) Compulsory arbi
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CHAPTER XX. 111 must comply is that
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CHAPTER XX. 113 by the Council. In
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CHAPTER XX. 115 which resorts in an
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CHAPTER XX. 117 themselves decide w
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CHAPTER XX. 119 reduction of armame
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CHAPTER XX. 121 At the time when th
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CHAPTER XX. 123 (b) The elimination
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CHAPTER XX. 125 and published by th
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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
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CHAPTER XX. 133 2. Certain Governme
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CHAPTER XX. 135 of armaments may re
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CHAPTER XX. 137 18. The above brief
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CHAPTER XX. 139 Justice, had been e
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CHAPTER XX. 141 {235} 41. Article 5
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CHAPTER XX. 143 48. Article 1 was d
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CHAPTER XX. 145 representatives of
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CHAPTER XX. 147 72. The draft of a
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CHAPTER XX. 149 the parties makes p
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CHAPTER XX. 151 financial sanctions
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CHAPTER XX. 153 reduction of armame
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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
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CHAPTER IV. 163 by the acceptance o
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CHAPTER IV. 165 [Sidenote: Numbers
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CHAPTER IV. 167 If a Member of the
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CHAPTER IV. 169 effectively in supp
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CHAPTER IV. 171 Page numbers in thi
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CHAPTER IV. 173 must, at no additio
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CHAPTER IV. 175 The Foundation's pr
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The Geneva Protocol, by David Hunter Miller

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