The Geneva Protocol — John Stuart Mill — John Shaqi
The Geneva Protocol
John Stuart Mill · en
It is for this reason that we have not hesitated to speak of the
exceptional authorisation of war. It has been proposed that the word
"force" should be used in order to avoid any mention of "war"--in order
to spare the public that disappointment which it might feel when it
found that, notwithstanding the solemn condemnation of war, war was
still authorised in exceptional cases. We preferred, however, to
recognise the position frankly by retaining the expression "resort to
war" which is used in the Covenant. If we said "force" instead of
"war," we should not be altering the facts in any way. Moreover, the
confession that war is still possible in specific cases has a certain
value, because the term describes a definite and well-understood
situation, whereas the expression "resort to force" would be liable to
be misunderstood, and also because it emphasises the value of the
sanctions at the disposal of the community of States bound by the
Protocol.
4.--COMPULSORY JURISDICTION OF THE PERMANENT COURT OF INTERNATIONAL
JUSTICE.
_Article 3._
The general principle of the Protocol could not be accepted unless the
pacific settlement of all international disputes without distinction
were made possible.
This solution has been found, in the first place, in the extension of
the compulsory jurisdiction of the Permanent Court of International
Justice.
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According to its Statute, the jurisdiction of the Court is, in
principle, optional. On the other hand, Article 36, paragraph 2, of
the Statute, offers States the opportunity of making the jurisdiction
compulsory in respect of all or any of the classes of legal disputes
affecting: (_a_) the interpretation of a Treaty; (_b_) any question of
international law; (_c_) the existence of any fact which, if
established, would constitute a breach of an international obligation;
(_d_) the nature or extent of the reparation to be made for the breach
of an international obligation. States have only to declare their
intention through the special Protocol annexed to the Statute. The
undertaking then holds good in respect of any other State which assumes
the same obligation. It may be given either unconditionally or on
condition of reciprocity on the part of several or certain other
States; either permanently or for a fixed period.
So far such compulsory jurisdiction has only been accepted by a small
number of countries. The majority of States have abstained because
they did not see their way to accept compulsory jurisdiction by the
Court in certain cases falling within one or another of the classes of
dispute enumerated above, and because they were not sure whether, in
accepting, they could make reservations to that effect.
It was for this reason that the Assembly in its resolution of September
6th, requested the First Committee to render more precise the terms of
Article 36, paragraph 2, in order to facilitate its acceptance.