The Geneva Protocol — John Stuart Mill — John Shaqi
The Geneva Protocol
John Stuart Mill · en
Here again, however, there would unquestionably be disputed facts; that
is to say, unless one of the parties said that it was the aggressor, it
would require an elaborate investigation to {60} determine under the
language of Article 10 of the Protocol whether a State _had_ resorted
to war in violation of its undertaking, or _had_ violated the rules
laid down for a demilitarized zone. It is utterly impossible to
suppose that the Council could ever immediately determine the aggressor
under such circumstances by unanimous vote; and such determination
_must_ be immediate. The language of the text is: "at once"; and in
the French: "dans le plus bref délai."
Let us look at the matter concretely and take up the question of
procedure, supposing an actual case before the Council. There is a
crisis; hostilities have or are supposed to have broken out; there are
two States which either are or are thought to be at war; the Council
meets. Not only under the realities of the situation, but under the
express language of the Protocol, the Council must act instantly; the
peace of the world is at stake.
Now, under those circumstances, there could be only two situations.
One would be when some Great Power, either by open and announced
defiance or by its refusal even to meet with the Council, proclaimed
itself an aggressor. In that case of course neither the language of
Article 10 nor any other language would make any difference. The other
situation would be that the two States were there before the Council,
each claiming that the other was in the wrong, each disputing the
allegations of fact made by the other's representative. In such case
clearly no presumption could arise and in such case the Council could
not ever immediately determine the aggressor by unanimous vote. The
mere fact that it would require time to examine into the truth of the
respective allegations would prevent this. So the Council, by the
compelling facts of the situation and indeed in accordance with the
strictest construction of the Protocol, would be constrained to declare
and would declare an armistice.
Any dispute as to what State was guilty of aggression prior to that
time would be put over for subsequent adjustment; the armistice would
be laid down and would be obeyed. Of course, in theory, it could be
violated and the violator of the armistice {61} would become the
aggressor; but a State that was going to refuse or violate the
armistice, knowing the procedure, would doubtless not go to the Council
at all.
So, to my mind, the vital part of the procedure laid down by Article 10
for determining an aggressor is found in the provision giving the
Council the power immediately to declare an armistice; and, under the
procedure, this, in my judgment, is the only power that the Council
would ever exercise, except in the case suggested, in which a State
itself denounced itself as an aggressor.