The Geneva Protocol — John Stuart Mill — John Shaqi
The Geneva Protocol
John Stuart Mill · en
_Article 4._
We have, in the second place, succeeded in making possible the pacific
settlement of all disputes by strengthening the procedure laid down in
the Covenant.
_Article 4, paragraph 1._
_Action by the Council with a view to reconciliation_.--If a dispute
does not come within the compulsory jurisdiction of the {174} Permanent
Court of International Justice and if the Parties have been unable to
come to an agreement to refer it to the Court or to submit it to
arbitration, it should, under the terms of Article 15 of the Covenant,
be submitted to the Council, which will endeavour to secure a
settlement by reconciling the parties. If the Council's efforts are
successful, it must, so far as it considers it advisable, make public a
statement giving such facts and explanations regarding the dispute and
the terms of settlement thereof as it may deem appropriate.
In this connection no change has been made in the procedure laid down
by the Covenant. It appeared unnecessary to specify what particular
procedure should be followed. The Council is given the utmost latitude
in choosing the means most appropriate for the reconciliation of the
parties. It may take advice in various quarters; it may hear expert
opinions; it may proceed to investigations or expert enquiries, whether
by itself or through the intermediary of experts chosen by it; it may
even, upon application by one of the parties, constitute a special
conciliation committee. The essential point is to secure, if possible,
a friendly settlement of the dispute; the actual methods to be employed
are of small importance. It is imperative that nothing should in any
way hamper the Council's work in the interests of peace. It is for the
Council to examine the question whether it would be expedient to draw
up for its own use and bring to the notice of the Governments of the
signatory States general regulations of procedure applicable to cases
brought before it and designed to test the good-will of the parties
with a view to persuading them more easily to reach a settlement under
its auspices.
Experience alone can show whether it will be necessary to develop the
rules laid down in the first three paragraphs of Article 15 of the
Covenant.
For the moment it would appear to be expedient to make no addition and
to have full confidence in the wisdom of the Council, it being
understood that, whether at the moment in question or at any other
stage of the procedure, it will be open to the {175} parties to come to
an agreement for some different method of settlement: by way of direct
understanding, constitution of a special committee of mediators or
conciliators, appeal to arbitration or to the Permanent Court of
International Justice.
The new procedure set up by the Protocol will be applicable only in the
event of the Council's failing in its efforts at reconciliation and of
the parties failing to come to an understanding in regard to the method
of settlement to be adopted.