In order to leave no room for doubt, it has been formally laid down
that a State which, at the invitation of the Council, engages in acts
of violence against an aggressor is in the legal position of a
belligerent and may consequently exercise the rights inherent in that
character.
It was pointed out in the course of the discussion that such a State
does not possess entire freedom of action. The force employed by it
must be proportionate to the object in view and must be exercised
within the limits and under the conditions recommended by the Council.
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_Article 18._
Likewise, in order to avoid any misunderstanding, it has been
stipulated, in a special Article, that unanimity or the necessary
majority in the Council is always calculated according to the rule
referred to on several occasions in Article 15 of the Covenant and
repeated in Article 16 of the Covenant for the case of expulsion of a
Member from the League, viz., without counting the votes of the
representatives of the parties to the dispute.
9.--DISPUTES BETWEEN STATES SIGNATORY AND STATES NON-SIGNATORY OF THE
PROTOCOL.
_Article 16._
As regards the settlement of disputes arising between a State signatory
and one or more States non-signatory and non-Members of the League of
Nations, the new system has had to be adapted to the former system.
In order that States signatory might enjoy the essential advantages
offered by the Protocol, which forbids all wars of aggression, it has
been necessary to bring the rule laid down in Article 17 of the
Covenant into harmony with the provisions of the Protocol. It has
therefore been decided that States non-signatory and non-Members of the
League of Nations in conflict with a State signatory shall be invited
to conform to the new procedure of pacific settlement and that, if they
refuse to do so and resort to war against a State signatory, they shall
be amenable to the sanctions provided by Article 16 of the Covenant as
defined by the Protocol.
There is no change in the arrangements laid down in the Covenant for
the settlement of disputes arising between States Members of the League
of Nations of which one is a signatory of the Protocol and the other is
not. The legal nexus established by the Covenant between two such
parties does not allow the signatory States to apply as of right the
new procedure of pacific settlement to non-signatory but Member States.
All that {193} signatory States are entitled to expect as regards such
other States is that the Council should provide the latter with an
opportunity to follow this procedure and it is to be hoped that they
will do so. But such States can only be offered an opportunity to
follow the new procedure; they cannot be obliged to follow it. If they
refuse, preferring to adhere to the procedure laid down in the
Covenant, no sanctions could possibly be applied to them.