Arbitration (International law); Disarmament; Security, International; War
It should be added that, as the League realises its aim of
universality, the amended Covenant will take the place, as regards all
States, of the separate régime of the Protocol.
3.--CONDEMNATION OF AGGRESSIVE WAR.
_Article 2._
The general principle of the Protocol is the prohibition of aggressive
war.
Under the Covenant, while the old unlimited right of States to make war
is restricted, it is not abolished. There are cases in which the
exercise of this right is tolerated; some wars are prohibited and
others are legitimate.
In future the position will be different. In no case is any State
signatory of the Protocol entitled to undertake on its own sole
initiative an offensive war against another signatory State or against
any non-signatory State which accepts all the obligations assumed by
the signatories under the Protocol.
The prohibition affects only aggressive war. It does not, of course,
extend to defensive war. The right of legitimate self-defence
continues, as it must, to be respected. The State attacked retains
complete liberty to resist by all means in its power any acts of
aggression of which it may be the victim. Without waiting for the
assistance which it is entitled to receive from the international
community, it may and should at once defend itself with its own force.
Its interests are identified with the general interest. This is a
point on which there can be no doubt.
The same applies when a country employs force with the consent of the
Council or the Assembly of the League of Nations under the provisions
of the Covenant and the Protocol. This eventuality may arise in two
classes of cases: either a State may take part in the collective
measures of force decided upon by the League of Nations in aid of one
of its Members which is the victim of aggression; or a State may employ
force with the authorisation of the Council or the Assembly in order to
enforce {169} a decision given in its favour. In the former case, the
assistance given to the victim of aggression is indirectly an act of
legitimate self-defence. In the latter, force is used in the service
of the general interest, which would be threatened if decisions reached
by a pacific procedure could be violated with impunity. In all these
cases the country resorting to war is not acting on its private
initiative but is in a sense the agent and the organ of the community.
Public-domain text, read in full here on John Shaqi.
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