The Geneva Protocol — John Stuart Mill — John Shaqi
The Geneva Protocol
John Stuart Mill · en
The provisions of the Covenant which particularly cover this matter are
those of Articles 12, 13 and 15. Let us therefore consider the text of
these Articles,[1] looking in the first place at the text of Articles
12 and 13 and the first paragraph of Article 15, which follow:
ARTICLE 12. "The Members of the League agree that, if
there should arise between them any dispute likely to
lead to a rupture, they will submit the matter either to
arbitration or judicial settlement or to enquiry by the
Council and they agree in no case to resort to war until
three months after the award by the arbitrators or the
judicial decision, or the report of the Council.
"In any case under this Article, the award of the
arbitrators or the judicial decision shall be made within a
reasonable time, and the report of the Council shall be made
within six months after the submission of the dispute."
ARTICLE 13. "The Members of the League agree that,
whenever any dispute shall arise between them which they
recognise to be suitable for submission to arbitration or
judicial settlement, and which cannot be satisfactorily
settled by diplomacy, they will submit the whole subject
matter to arbitration or judicial settlement.
"Disputes as to the interpretation of a treaty, as to
any question of international law, as to the existence of
any fact which, if established, would constitute a breach
of any international obligation, or as to the extent and
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nature of the reparation to be made for any such breach,
are declared to be among those which are generally
suitable for submission to arbitration or judicial settlement.
"For the consideration of any such dispute, the Court
to which the case is referred shall be the Permanent Court
of International Justice, established in accordance with
Article 14, or any tribunal agreed on by the parties to the
dispute or stipulated in any convention existing between
them.
"The Members of the League agree that they will carry
out in full good faith any decision or award that may be
rendered, and that they will not resort to war against a
Member of the League which complies therewith. In the
event of any failure to carry out such an award or
decision, the Council shall propose what steps should be taken
to give effect thereto."
ARTICLE 15 (first paragraph). "If there should arise
between the Members of the League any dispute likely to
lead to a rupture, which is not submitted to arbitration
or judicial settlement in accordance with Article 13, the
Members of the League agree that they will submit the
matter to the Council. Any party to the dispute may
effect such submission by giving notice of the existence
of the dispute to the Secretary-General, who will make all
necessary arrangements for a full investigation and
consideration thereof."