The Geneva Protocol — John Stuart Mill — John Shaqi
The Geneva Protocol
John Stuart Mill · en
It is proposed in this discussion first to consider the first of the
above six classes, namely, the relations of the Signatories to the
Protocol, _inter se_; and this discussion will proceed primarily on the
assumption that the obligations of the Protocol are carried out.
In numerous places the Protocol speaks of the parties thereto as "the
signatory States," _e. g._, Articles 1, 2, 3, 8, 11, etc. It is
curious this is so in view of the meticulous insistence by the British
Dominions at the Peace Conference, on the use, throughout the text of
the Covenant generally, of the expression "Members of the League"
instead of "States Members of the League."[2]
Certainly it is contemplated that ratification of the Protocol may be
made on behalf of the British Dominions. Accordingly, I think that the
use in the Protocol of the expression "signatory States" is probably an
inadvertence, as in no proper international sense of the word are the
British Dominions States, despite the fact that they have an
international status under the League of Nations and even otherwise.[3]
The first point to be noticed is that under Article 2 of the Protocol
there is a very general and a very sweeping obligation on the part of
the Signatories not to resort to war. This is a point of the utmost
importance. The obligation goes very much farther than anything in the
Covenant; the language of this obligation will be examined in detail
hereafter.
Before coming to that, however, it is well to look at the provisions of
the Protocol regarding the settlement of international disputes. War
is one method for the settlement of such disputes, and, in order to
make effective the obligation of the Signatories not to resort to war,
substitute methods of settlement are provided.
It is very natural and proper that this should be done. A mere
obligation not to resort to war, without more, would almost imply that
disputes between the parties to the obligation should {15} find _some_
other method of settlement. For if some other method could not be
found, feelings due to the continuance of the dispute might well arouse
such passions in one country or another as to sweep away the obligation
for peace. The two questions of the ending of war and the settlement
of disputes between States are not only logically but realistically
very closely related.
Disputes between States are often regarded as comprising those that
relate to international questions and those that relate to domestic
questions, the former being divided into justiciable and
non-justiciable disputes.
I prefer, however, _for this discussion_, to classify possible
international disputes in three kinds, namely:
1. Disputes as to international questions.
2. Disputes as to domestic questions.
3. Disputes as to _status quo_.