18. The above brief summary indicates how in the Protocol the
committees of the Assembly have sought to embody, in concrete form, the
proposals made to the Assembly itself by the British and French Prime
Ministers. The Protocol is an attempt to complete the Covenant, to
facilitate and develop the procedure of pacific settlement provided
therein, and to define more clearly the obligations imposed by it on
States Members of the League. The Protocol is based on the Covenant
and keeps within its terms except in so far that it extends the
Covenant procedure to give an alternative procedure by peaceful {227}
settlement, even in those cases for which the framers of the Covenant
in 1919 were unable to find a remedy. So far as it contains anything
new, it is to be found in the definition of aggression which follows as
a necessary corollary to the limitations inserted in the establishment
of a universal system of peaceful settlement. But even here the
principle is not new. Article 16 of the Covenant decreed that
sanctions should be applied against any Member of the League that might
"resort to war in disregard of its Covenants under articles 12, 13 or
15." Article 10 of the Protocol decrees sanctions against any State
resorting to war without availing itself or in defiance of, the
procedure of pacific settlement provided in the Covenant as amplified
by the Protocol itself. The amplification of that procedure to cover
all cases, so as to remove all excuse for resort to war, has enabled
the framers of the Protocol to give a more exact definition of
aggression, and to make that definition more certain and more
automatic. The Protocol is thus free from the reproach that had been
levelled against the Draft Treaty of Mutual Assistance, which left a
wide and dangerous discretion to the Council in determining which party
to a dispute was the aggressor. It further discards the system
proposed in the draft Treaty, whereby power was given to the Council to
decide on and to direct the military sanctions required. The draft
Treaty tended towards the realisation of the idea of the League as a
"super-State": the Protocol respects the principle of national
sovereignty. Every State retains its own liberty of action: it is
still free to choose what it will do. The Protocol has stated in
clearer terms what is expected of those who signed the Covenant in
1919, and it is to be hoped that this more explicit declaration may
serve to deter those who would contemplate a violation of the spirit of
the Covenant, whilst reassuring those who have hitherto sought safety
in their own armed strength, by giving them confidence in the
solidarity of the civilised nations and in their determination to
resist all unscrupulous attempts to plunge the world again into the
disaster of war.
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