49. Article 2 was intended to make all aggressive war illegal.
Exceptions were, however, made to safeguard (1) the right of a State to
fight in self-defence, and (2) the position of a State acting in
accordance with the provisions of the Covenant or the Protocol. A
proposal, strongly urged, to substitute the words "resort to force" for
the words "resort to war" was rejected.
_Article 3._
50. Article 3 provides for the compulsory recognition of the
jurisdiction of the Permanent Court. The Joint Drafting Committee
proposed to remove this article from the Protocol, as certain
Delegations felt it went beyond the Assembly Resolution. The British
Empire Delegation feared that this might result in the separation of
the three principles--arbitration, security and disarmament. At the
suggestion of the British representative, therefore, the article was
retained. As a result of the discussions on this matter, it was
generally agreed that the power to make reservations to article 36 of
the Permanent Court Statute was much wider than had been at first
believed. It was understood that the proposed British reservation was
within the limits admissible.
_Article 4._
51. Article 4 was designed to extend the system of {240} arbitration
contained in the Covenant and to fill the existing gap in article 15 of
the Covenant, by which the parties to a dispute recover their liberty
of action and are entitled to resort to war if the Members of the
Council are unable to agree upon a unanimous report. In the
sub-committee a strong feeling manifested itself against unanimous
decisions of the Council being binding in cases where one party to a
dispute, but not both, desired arbitration. Certain of the smaller
States, in particular, felt that such a system gave too much power to
the Council, which was already regarded as a body which expressed only
the will of the great Powers.
52. Paragraphs 2 (_a_) and (_b_) of article 4 were drafted to avoid
this difficulty. Arbitration is to be compulsory at the request of one
of the parties, and the Council is given power to appoint the arbitral
body if the parties cannot agree as to its constitution. A unanimous
decision of the Council is only to be binding where none of the parties
ask for arbitration. If, therefore, any party wishes to avoid a
decision by the Council, it has only to ask for arbitration. For
similar reasons, the words "accepted by one of the parties" were added
after the words "decision of the Council" in paragraph 5.