The Geneva Protocol, by David Hunter Miller
The Geneva Protocol, by David Hunter Miller
The Geneva Protocol, by David Hunter Miller
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CHAPTER II. 7<br />
CHAPTER II.<br />
POINTS OF APPROACH.<br />
<strong>The</strong>re are various possible points of approach to the consideration of the <strong>Protocol</strong> of <strong>Geneva</strong>. In view of the<br />
importance of the document, doubtless all such methods are useful. Indeed, in the discussion of such a paper,<br />
it is perhaps hardly possible exclusively to adopt only one angle of view, such as the historical, the political,<br />
etc. My own consideration of the paper, however, is to be primarily from the legal viewpoint; without<br />
attempting wholly to avoid other points of view I shall seek not to stress them.<br />
<strong>The</strong> <strong>Protocol</strong> is an elaborate and technical international document; and even in attempting to consider it<br />
primarily from the legal viewpoint there are various methods or arrangements of such a discussion. <strong>The</strong><br />
general starting point which seems to me to be most desirable is that of the legal effect of the <strong>Protocol</strong> upon<br />
the international relations of the States which become parties to it, both as among themselves and as to States<br />
not parties.<br />
It will of course in this connection be necessary to consider the obligations fixed <strong>by</strong> the <strong>Protocol</strong> in the event<br />
of its breach, as well as those which are imposed <strong>by</strong> its acceptance and performance. <strong>The</strong>se latter may,<br />
however, very properly be first considered.<br />
Accordingly, the first discussion will relate to the obligations of the States which become parties to the<br />
<strong>Protocol</strong> as among themselves, particularly in connection with the due performance of these obligations <strong>by</strong><br />
those parties.<br />
Before coming to this first discussion, however, there are certain general observations which may be made.<br />
In the first place the paper is called a <strong>Protocol</strong>. <strong>The</strong> precise reason for the use of this term does not appear; but<br />
it is probably due to the fact that the <strong>Protocol</strong> of <strong>Geneva</strong> is in a sense supplementary to other international<br />
agreements such as the Covenant of the League of Nations and the Statute of the Permanent Court of<br />
International Justice; and perhaps because the {4} <strong>Protocol</strong> is intended to be preliminary to amendments to the<br />
Covenant (Article I, paragraph 1, of the <strong>Protocol</strong>).<br />
Allusion is made to this provisional character of the <strong>Protocol</strong> of <strong>Geneva</strong> in the Report[1] made <strong>by</strong> the First<br />
and Third Committees to the Fifth Assembly of the League of Nations, where it is said:<br />
"When the Covenant has been amended in this way some parts of the <strong>Protocol</strong> will lose their value as between<br />
the said States: some of them will have enriched the Covenant, while others, being temporary in character,<br />
will have lost their object.<br />
<strong>The</strong> whole <strong>Protocol</strong> will remain applicable to relations between signatory States which are Members of the<br />
League of Nations and signatory States outside the League,[2] or between States coming within the latter<br />
category.<br />
It should be added that, as the League realizes its aim of universality, the amended Covenant will take the<br />
place, as regards all States, of the separate régime of the <strong>Protocol</strong>."<br />
Of course, as is pointed out in some detail <strong>by</strong> Satow (Diplomatic Practice, Second Edition, Vol. II, pages 270<br />
et seq.), the word "protocol" is used with quite a number of different meanings. In the present case the<br />
meaning of the word is nothing more nor less than treaty or convention.<br />
It is naturally impossible to consider or discuss the effect of the <strong>Protocol</strong> of <strong>Geneva</strong> without constant reference<br />
to the text of the Covenant, to which the <strong>Protocol</strong> refers throughout. It is also necessary to consider to some