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The Geneva Protocol, by David Hunter Miller

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CHAPTER XVII. 67<br />

CHAPTER XVII.<br />

DEMILITARIZED ZONES.<br />

Emphasis is laid <strong>by</strong> the <strong>Protocol</strong> on the creation and maintenance of demilitarized zones along frontiers.<br />

Article 9 of the <strong>Protocol</strong> treats of such zones, and their violation is, <strong>by</strong> Article 10 made the equivalent of a<br />

resort to war.<br />

Any question of the real value, in the strict military sense, of agreements for demilitarized zones, may be left<br />

at one side. Undoubtedly, expert opinions differ in this matter. At least it may be said that such agreements<br />

have a value in the realm of feeling, which is as much a reality in international affairs as is a fleet of<br />

battleships.<br />

If countries feel more secure because of the creation of such zones, certainly agreements regarding them are<br />

worth while on each side of a frontier.<br />

As mentioned above, the question of demilitarized zones will certainly be one of the items of the agenda of<br />

the Conference on Disarmament. <strong>The</strong>re are quite a number of precedents for the creation of such zones in<br />

recent international agreements. For example, the Treaty of Versailles[1] creates a demilitarized zone for fifty<br />

kilometres east of the Rhine. <strong>The</strong> Aaland Islands were demilitarized <strong>by</strong> the Treaty[2] which attributed them to<br />

Finland; and the Treaty of Lausanne[3] creates certain demilitarized zones, not only on each side of the<br />

Straits, but also in Western Thrace.<br />

It is such agreements as these that are referred to in Article 9 of the <strong>Protocol</strong> as those "already existing under<br />

the terms of certain treaties." It is these zones, and others which may be established <strong>by</strong> consent of the<br />

neighboring States, which, according to Article 9, may be placed under a system of supervision <strong>by</strong> the<br />

League, either temporary or permanent. Obviously, any such supervision would come about <strong>by</strong> means of the<br />

voluntary agreement of the States concerned; and, in view of the fact that the <strong>Protocol</strong> makes a violation of a<br />

demilitarized zone the {102} equivalent of a resort to war (Article 10), supervision <strong>by</strong> the League of the<br />

carrying out of these essential agreements would seem to be highly desirable.<br />

Indeed, it may be said here that it will almost certainly be found that a system of international inspection will<br />

inevitably be a part of agreements for the reduction and limitation of armaments. A system of general<br />

international inspection was suggested as one of the parts of the so-called American Plan,[4] and the proposal<br />

for a system of supervision of demilitarized zones under the League of Nations is a part of that general idea.<br />

I do not think it should be lost sight of that the thought of certain places where violence is forbidden has roots<br />

which go far back in human history. <strong>The</strong> idea of "sanctuary" is as old as any records that we have; and, if it be<br />

thought that I am going very far afield in speaking of sanctuary, I mention that the legal development of this<br />

general notion is a very early development. At least as long ago as Anglo-Saxon law in England, it was a<br />

peculiarly heinous offence to commit a crime on the King's Highway. It was a much more serious matter to<br />

break the peace there than elsewhere, because it was a breach of the King's peace; and this notion of the<br />

King's peace is said <strong>by</strong> high authority to be as old as the Salic Law.<br />

We have heard much in the past of strategic frontiers. A great deal of ability and learning have been devoted<br />

toward the problem of making frontiers available for attack or for defence. It is perhaps true, as some critics<br />

appear to think, that the development of war in the air and of chemical warfare has made questions of strategic<br />

frontiers in general less important than heretofore. Perhaps that is so. I suggest, however, that even if it is so,<br />

that same ability and learning may be able to find in a combination of the ideas of demilitarized zones and<br />

international supervision a real solution of the problems arising from these new methods and discoveries; and,<br />

as I have pointed out, there is a very ancient human feeling behind this whole idea of peaceful places, on<br />

which popular support for such a programme may be based.

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