The Geneva Protocol — John Stuart Mill — John Shaqi
The Geneva Protocol
John Stuart Mill · en
If we look generally at this question of the _status quo_ from the
international point of view during the past two centuries, we find two
divergent and irreconcilable lines of treatment.
The jurists and the writers have generally considered that the _status
quo_ is or ought to be sacred from the point of view of outside
attack.[16] In most of the books the question is treated under the
heading of "Intervention" and, perhaps with some qualifications, the
writers do not admit the legality of intervention. They make
exceptions on the ground of self preservation of the intervening State,
sometimes on the ground of protection of human life and so on. But, at
least with these exceptions, they generally maintain that the State
against which the intervention is directed may legally object to
it--that is, may legally insist upon the maintenance of the _status
quo_ (or of its right, in a proper case, to change the _status
quo_[17]) and furthermore that such a State might justly, if able (as
it usually is not), resort to war against the intervention.
On the other hand, the history of international affairs during this
period is quite to the contrary.[18] Over and over again States,
sometimes individually, sometimes some of them collectively, have
interfered with the affairs of another State with which they Had
strictly no legal concern, on many different occasions and on all sorts
of pretexts. They have defended such intervention at times on the
vague grounds of the rights of humanity, the interests of commerce, the
restoration of order and so on.
Any one who is familiar, even in a cursory way, with the history of
Europe will be able to recall numerous such instances; and it must in
fairness be admitted that in some of them the result has seemed
beneficent.[19]
And it must not be forgotten that it is not only the wicked powers of
Europe that have acted along these lines. In reference {44} to the
affairs of other countries, though not its own, the United States has
maintained this privilege of paternal intervention by force. We
maintained it, for example, in Cuba in 1898, chiefly on the ground of
the sake of humanity.[20] In connection with the Panama Canal, Mr.
Root set up the famous proposition[21] that the sovereignty of Columbia
over the Isthmus was limited and qualified by the general right of
mankind to have a canal between the Atlantic and the Pacific, and to
have that canal kept open for the commerce of all.
Many other instances might be cited. It is, however, worth while to
recall in connection with this alleged limited right of sovereignty of
Columbia over part of its territory that the United States subsequently
paid $25,000,000 to the owner of the qualified fee.
It is perhaps unnecessary to add that this alleged right of
intervention, as between great powers, was recognized by another name
as a method of changing the _status quo_, namely, the method of war.