Now that the present Protocol has defined more precisely the origin,
nature and extent of the obligations arising out of the Covenant, _the
functions of the Council, as provided in Articles 10 and 16, have
become clearer and more definite_.
Directly the Council has called upon the signatories to the Protocol to
apply without delay the sanctions provided in {200} Article 11, it
becomes a regulating, or rather an advisory, body, but not an executive
body. The nature of the acts of aggression may vary considerably; the
means for their suppression will also vary. It would frequently be
unnecessary to make use of all the means which, according to paragraphs
1 and 2 of Article 11, are, so to speak, available for resisting an act
of aggression. It might even be dangerous if, from fear of failing in
their duties, States made superfluous efforts. It will devolve upon
the Council, which, under Article 13 can be put in possession of the
necessary data, to give _its opinion_, should need occur, as to the
best means of executing the obligations which arise directly it enjoins
the application of sanctions, especially as to the sequence in which
the sanctions must be applied.
The practical application of the sanctions would, however, always
devolve upon the Governments; the real co-operation would ensue upon
their getting into touch, through diplomatic channels--perhaps by
conferences--and by direct relations between different General Staffs,
as in the last war. The Council would, of course, be aware of all
these negotiations, would be consulted and make recommendations.
The difference between the former state of affairs and the new will
therefore be as follows:
According to the system laid down by the Covenant:
1. The dispute arises.
2. In cases where neither the arbitral procedure nor the
judicial settlement provided for in Article 13 of the Covenant
is applied, the Council meets and discusses the dispute,
attempts to effect conciliation, mediation, etc.
3. If it be unsuccessful and war breaks out, the Council, if
unanimous, has to express an opinion as to which party is
guilty. The Members of the League then decide for themselves
whether this opinion is justified and whether their
obligations to apply economic sanctions become operative.
4. It then has, _by a unanimous decision, to recommend_
military sanctions.
{201}
5. If unanimity cannot be obtained, the Council ceasing to take
action, each party is practically free to act as it chooses.
According to the new system defined in the Protocol, the situation is
as follows:
1. The dispute arises.
2. The system of peaceful settlement provided for by the
Protocol comes into play.