The Geneva Protocol, by David Hunter Miller

CHAPTER III. 9
CHAPTER III.
THE COMING INTO FORCE OF THE PROTOCOL.
The Protocol is dated at Geneva on October 2nd, 1924. It is drawn up in both French and English and the text
of both languages is authentic. It is written in a single original. It was recommended to the Members of the
League for acceptance by a resolution[1] unanimously passed in the Assembly by the affirmative vote of 48
Members of the League, and it has been signed by the representatives of various countries.
This recommendation by the Assembly, however, and these signatures, do not, as to any signatories, bring
into force the Protocol, which, by its terms, must be ratified, the ratifications to be deposited at the Secretariat
of the League at Geneva.
The first preliminary to the coming into force of the Protocol is its formal ratification by at least 13 Members
of the League; and these ratifications must include those of at least three of the four Great Powers which are
Members--Great Britain, France, Italy and Japan. But even these ratifications do not bring the Protocol into
force. The absence of such ratifications by May 1st, 1925, may result in the postponement of the Disarmament
Conference from the date provisionally fixed, June 15th, 1925. But this is a matter which I shall discuss
later.[2]
If and when the ratifications above mentioned are deposited, a procès-verbal to that effect is drawn up; but
this procès-verbal does not, as is usual when a procès-verbal of the deposit of ratifications is drafted, bring
into force the Protocol. The date of the coming into force of the Protocol is stated as follows (Article 21):
"as soon as the plan for the reduction of armaments has been adopted by the Conference provided for in
Article 17."
In other words, the Protocol will not bind any State that {6} ratifies it unless and until the Conference for the
Reduction of Armaments adopts a Plan for such reduction. If such Conference is held and if such Plan is
adopted, the Protocol will, on the date of the adoption of the Plan, come into force as among the States which
have then ratified it. Such is the effect of the provisions of Article 21 of the Protocol.
Other States, which have not at the date mentioned ratified the Protocol, may thereafter accede to it, as is
provided by the third paragraph of Article 3, and of course the obligations of these States will commence with
the date of such accession.
Furthermore, provision is made[3] by which the Protocol, even after coming into force, may become, as it
says, "null and void." It might well be argued that the becoming "null and void" of the Protocol related back to
the date when it came into force.
However this may be, it is important to notice here the provisions in this regard. The Conference for the
Reduction of Armaments has, under the hypothesis, adopted a Plan for such reduction. That Conference has
also to fix the time within which that Plan is to be carried out. The Council of the League is then to consider
whether the Plan for the Reduction of Armaments adopted by the Conference has or has not been carried out
within that fixed period. Presumably such consideration by the Council of the League would be had
immediately after the expiration of the period fixed by the Conference; the Council, if it then considers that
the Plan for the Reduction of Armaments has not been carried out, being limited, however, in such
consideration to "the grounds" (French text--"conditions") laid down by the Conference in that respect, then
declares that the Plan has not been carried out and the Protocol becomes "null and void."
Accordingly, the Protocol can come into force as a legal obligation only on the date of the adoption by the
Conference of the Plan for the Reduction of Armaments; and from that date till the date when the Council of