The Geneva Protocol — John Stuart Mill — John Shaqi
The Geneva Protocol
John Stuart Mill · en
This is the general definition of principle. It relates back in its
meaning to Article 2 of the Protocol, the general engagement not to
resort to war. Beyond that, it makes the violation of the rules for an
agreed demilitarized zone the equivalent of a resort to war, the two
are assimilated.
The first question that arises regarding this general definition is
whether the words "resort to war" mean necessarily an actual and
technical state of war only, or whether they include all acts of
violence and force, even if such acts did not in a particular case
result in an actual state of war, because, for example, not resisted.
The view of the Report to the Assembly[5] in this matter is that such
acts of violence are included in the expression. I am {56} inclined to
agree with this view, though as a mere matter of language an argument
to the contrary is possible.
Suppose, however, that there is an actual state of war; how is it to be
determined which one of the two[6] belligerents is the aggressor?
The Protocol attempts to meet this difficulty by laying down two
different methods of determining the aggressor. One is by creating
certain presumptions, which I shall discuss later; the other is for the
case in which none of the presumptions is applicable.
In this case, that is to say, in the absence of the presumptions, it is
for the Council to determine the aggressor and, in order to come to
such a determination, the Council must act unanimously under the
general rule of Article 5 of the Covenant.
I have no doubt of this conclusion, which is the conclusion of the
Report to the Assembly. It is true that the language of Article 10 of
the Protocol is not as clear as it might be, since the duty and power
of the Council to determine the aggressor are not directly stated, but
rather to be inferred from the language.
What Article 10 of the Protocol says as to this in its last paragraph
but two[7] is that, apart from the cases when there is a presumption,
"if the Council does not at once succeed in determining the
aggressor, it shall be bound to enjoin upon the belligerents an
armistice, and shall fix the terms, acting, if need be, by a
two-thirds majority and shall supervise its execution."
{57}
So that in those cases where the presumptions hereafter considered do
not arise, it is the duty of the Council to determine the aggressor; it
must act unanimously in coming to such a determination; as the Report
to the Assembly says,
"Where there is no presumption, the Council has to declare the
fact of aggression; a decision is necessary and must be taken
unanimously";
and, if the Council is not unanimous, it _must_ enjoin an armistice
upon the belligerents.