The nature and extent of this obligation is clearly defined in
paragraph 2 of Article 11. According to this paragraph, the reply to
the question whether a signatory to the Protocol has or has not
fulfilled its obligation depends on whether it has loyally and
effectively co-operated in resisting the act of aggression to an extent
consistent with its geographical position and its particular situation
as regards armaments.
The State remains in control of its forces, and itself, and not the
Council, directs them, but paragraph 2 of Article 11 gives us positive
material upon which to form a judgment as to whether or not the
obligation has been carried out in any concrete case. This criterion
is supplied by the term: _loyally and effectively_.
In answering the question whether a State has or has not fulfilled its
obligations in regard to sanctions, a certain elasticity in the
obligations laid down in Article 11 allows of the possibility of
_taking into account, from every point of view, the position of each
State which is a signatory to the present Protocol_. The signatory
States are not all in possession of equal facilities for {199} acting
when the time comes to apply the sanctions. This depends upon the
geographical position and economic and social condition of the State,
the nature of its population, internal institutions, etc.
Indeed, during the discussion as to the system of sanctions, certain
delegations declared that their countries were in a special situation
by reason of their geographical position or the state of their
armaments. These countries desired to co-operate to the fullest extent
of their resources in resistance to every act of aggression, but they
drew attention to their special conditions. In order to take account
of this situation, an addition has been made to paragraph 2 of Article
11 pointing out this state of affairs and laying stress on the
particular situation of the countries in question. Moreover, Article
13 of the Protocol allows such countries to inform the Council of these
matters beforehand.
I would further add that the obligations I refer to are imperfect
obligations in the sense that no sanctions are provided for against any
party which shall have failed loyally and effectively to co-operate in
protecting the Covenant and resisting every act of aggression. It
should, however, be emphasised that such a State would have failed in
the fulfilment of its duties and would be guilty of a violation of
engagements entered into.
In view of the foregoing, the gist of Article 11, paragraphs 1 and 2,
might be expressed as follows: Each State is the judge of the manner in
which it shall carry out its obligations but not of the existence of
those obligations, that is to say, each State remains the judge of what
it will do but no longer remains the judge of what it should do.