The Geneva Protocol — John Stuart Mill — John Shaqi
The Geneva Protocol
John Stuart Mill · en
3. The Council intervenes, and if, after arbitration has been
refused, war is resorted to, if the provisional preventive
measures are not observed, etc., the Council decides which
party is the aggressor and calls upon the signatory States
to apply the sanctions.
4. This decision implies that such sanctions as the case
requires--economic, financial, military, naval and air--shall
be applied forthwith, and without further recommendations or
decisions.
We have therefore the following new elements:
(_a_) The obligation to apply the necessary sanctions of every
kind as a direct result of the decision of the Council.
(_b_) The elimination of the case in which all parties would be
practically free to abstain from any action. The introduction
of a system of arbitration and of provisional measures which
permits of the determination in every case of the aggressor.
(_c_) No decision is taken as to the strength of the military,
naval and air forces, and no details are given as to the
measures which are to be adopted in a particular case. None
the less, objective criteria are supplied which define the
obligation of each signatory; it is bound, in resistance to an
act of aggression, to collaborate _loyally and effectively_ in
applying the sanctions in accordance with its geographical
situation and its particular situation as regards armaments.
That is why I said that _the great omission in the Covenant has been
made good_.
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It is true that no burden has been imposed on States beyond the
sanctions already provided for in the Covenant. But, at present, a
State seeking to elude the obligations of the Covenant can reckon on
two means of escape:
(1) The Council's recommendations need not be followed.
(2) The Council may fail to obtain unanimity, making
impossible any declaration of aggression, so that no
obligation to apply military sanctions will be imposed
and everyone will remain free to act as he chooses.
We have abandoned the above system and both these loopholes are now
closed.
_Article 11, paragraphs 3 and 4._
Paragraph 3 of Article 11 has been drafted with a view to giving
greater precision to certain provisions of Article 11, paragraph 3, of
the Covenant. Article 16, paragraph 3, refers to mutual support in the
application of financial and economic measures. Article 11, paragraph
3, of the present Protocol establishes real economic and financial
co-operation between a State which has been attacked and the various
States which come to its assistance.