The Geneva Protocol — John Stuart Mill — John Shaqi
The Geneva Protocol
John Stuart Mill · en
If, for example, one State alleges that another State is engaged in
preparations which are nothing less than a particular form of threat of
war (such as any kind of secret mobilisation, concentration of troops,
formation of armed bodies with the connivance of the Government, etc.),
the Council, having established that there is a case for consideration,
will apply the procedure which may be defined as the procedure of
preventive measures; it will arrange for suitable enquiries and
investigations, and, in the event of any breach of the provisions of
paragraph 1 being established, will take the steps described in Article
7, paragraph 4.
3.--SECURITY--SANCTIONS.
_Article 11._
(_Article 11, paragraphs 1 and 2, of the Protocol in its relation to
Articles 10 and 16 of the Covenant_)
According to Article 10 of the Covenant, Members of the League
undertake to preserve as against external aggression the territorial
integrity and existing political independence of all Members of the
League. In case of aggression, the Council shall advise upon the means
by which this obligation shall be fulfilled.
According to Article 16, should any Member of the League resort to war
in disregard of its engagements under Articles 12, 13 or 15, all other
Members of the League undertake immediately to apply economic
sanctions; furthermore, it shall be the duty of the Council to
recommend to the several Governments concerned what effective military,
naval or air forces the Members of the League shall severally
contribute to the armed forces to be used to protect the engagements of
the League.
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At the time when they were drafted at the Peace Conference in Paris in
1919, these articles gave rise to keen controversy as to the exact
scope of the engagements entered into in these provisions, that is to
say, as to the nature and extent of the obligations referred to in
Article 10, the exact moment at which such obligations arose, and the
legal consequences of the Council recommendations referred to in
Article 16, paragraph 2. This controversy continued, as is well known,
in the debates here in Geneva, where the question has been discussed in
previous years.
Article 11 is intended to settle this controversy. The signatories of
the present Protocol accept the obligation to apply against the
aggressor the various sanctions laid down in the Covenant, as
interpreted in Article 11 of the Protocol, when an act of aggression
has been established and the Council has called upon the signatory
States immediately to apply such sanctions (Article 10, last
paragraph). Should they fail so to do, they will not be fulfilling
their obligations.