The Geneva Protocol — John Stuart Mill — John Shaqi
The Geneva Protocol
John Stuart Mill · en
The preamble to the Protocol asserts that a war of aggression is an
international crime. I have discussed above[1] the agreement of the
parties to the Protocol not to resort to war except in defence against
aggression or in aid of defence against aggression or perhaps in
execution of a judicial decision or arbitral award. This is the
general covenant of Article 2 of the Protocol. It is this resort to
war, contrary to the terms of the Protocol, which is the chief breach
of the Protocol against which its chief Sanctions are ordered.
By Article 10 of the Protocol[2] every State which resorts to war in
violation of the undertakings either in the Covenant or in the
Protocol, is an aggressor.
It will be necessary to consider only the provisions of the Protocol
forbidding a resort to war, for it would be impossible to have a resort
to war contrary to the Covenant which would not also be a resort to war
contrary to the Protocol. The provisions of the Protocol go farther
than those of the Covenant in this regard.
It is true that there are in the Covenant certain engagements by
Members of the League not to resort to war. These are found in
Articles 12, 13 and 15; but it is unnecessary to consider them in
detail, for any resort to war contrary to the provisions of those
Articles of the Covenant would clearly also be contrary to the general
engagements of Article 2 of the Protocol.
The Report to the Assembly[3] seems to infer that a violation of the
obligation of Article 10 of the Covenant on the part of all Members of
the League to respect the territorial integrity and political
independence of other Members might be a resort to war not included in
the language of the Protocol; but I think that {55} any such forcible
violation would be within the terms of the Protocol also.
It is against the aggressor that the Sanctions of the Protocol are set
up and accordingly the provisions of the Protocol defining an aggressor
and the procedure for determining what State is an aggressor are of the
utmost consequence.
The definitions of an aggressor under the Protocol are complex in their
language though not in their fundamental idea, which is that aggression
is a resort to war instead of to arbitration.[4] The language of the
definitions is obscured by certain presumptions (Article 10) and by the
procedure laid down for the determination of an aggressor.
The general definition of an aggressor in the first paragraph of
Article 10 of the Protocol I have mentioned above. It is well,
however, to quote it in full:
"Every State which resorts to war in violation of the undertakings
contained in the Covenant or in the present Protocol is an
aggressor. Violation of the rules laid down for a demilitarized
zone shall be held equivalent to resort to war."