11. It will be more convenient at once to consider the final results of
the labours of the two Committees, leaving for the moment any detailed
account of the progress of their work, in order to see how the draft
Protocol which they submitted to the Full Assembly on the 1st October
gave effect to the ideas which had been proclaimed in the course of the
earlier debate.
12. In the first place it was necessary to complete the scheme of
arbitration and conciliation provided in the Covenant. The Covenant
itself did not provide for every eventuality, and by failing to offer
pacific means of settlement of all disputes, it left open, or seemed to
leave open, in certain circumstances resort to force. Especially was
this so in article 12 of the Covenant, whereby the Members of the
League agreed "in no case to resort to war until three months after the
award by the arbitrators or the report by the Council." Further,
paragraph 7 of article 15 of the Covenant laid down that "if the
Council fails to reach a report which is unanimously agreed to by the
Members thereof, other than the representatives of one or more of the
parties to the dispute, the Members of the League reserve to themselves
the right to take such action as they shall consider necessary for the
maintenance of right and justice." Under article 2 of the Protocol
"the signatory States _agree_ in no case to resort to war either with
one another or against a State which, if the occasion arises, accepts
all the obligations hereinafter set out, except in case of resistance
to acts of aggression or when acting in agreement with the Council or
the Assembly of the League of Nations in accordance with the provisions
of the Covenant and of the present Protocol." The signatory States
having agreed in no case to resort to war, the Protocol proceeds to
prohibit the arbitrament of force and to provide a complete system for
the pacific settlement of disputes. As regards cases covered by
paragraph 2 of article 36 of the statute of the Permanent Court of
International Justice, the signatory States bind themselves to
recognize as obligatory the jurisdiction of that Court, "but without
prejudice to the right of any State, when {224} acceding to the special
Protocol provided for in the said article and opened for signature on
the 16th December, 1920, to make reservations compatible with the said
clause" (article 3). As regards other subjects of dispute, the
Protocol provides a procedure (article 4) which supplements and
completes that defined in article 15 of the Covenant. Briefly, under
this procedure, if the Council is at the outset unable to effect a
settlement, it persuades the parties to submit to arbitration. If
neither party should be willing to go to arbitration, the Council again
takes the matter into consideration: If it reaches a unanimous
decision, the parties are bound to accept that decision: if it fails to
achieve unanimity, the Council itself refers to arbitrators, whose