The Geneva Protocol — John Stuart Mill — John Shaqi
The Geneva Protocol
John Stuart Mill · en
This first paragraph of Article 16 of the Covenant says also that the
aggressor shall _ipso facto_ be deemed to have committed an act of war
against the other Members of the League; this provision does not create
a state of war; it simply gives the other Members of the League the
right to consider themselves at war with the aggressor if they see fit;
this provision is supplemented by the language of Article 10 of the
Protocol which gives to any signatory State called upon to apply
sanctions the privilege of exercising the rights of a belligerent, if
it chooses.
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Paragraph 2 of Article 16 of the Covenant made it the duty of the
Council to "recommend" to the various governments what armed forces
they should severally contribute for use in protecting the covenants of
the League.
Now what Article 11 of the Protocol does in its first paragraph is to
say that the obligations of all States in regard to the sanctions
mentioned in paragraphs 1 and 2 of Article 16 of the Covenant will,
when the call for the application of the sanctions is made by the
Council, immediately become operative, in order that such sanctions may
forthwith be employed against the aggressor.
So far as the first paragraph of Article 16 of the Covenant is
concerned--the economic and financial blockade--I do not see that this
first paragraph of Article 11 of the Protocol adds anything to that
first paragraph of Article 16 of the Covenant, even when the former is
read in connection with the second paragraph of Article 11 of the
Protocol.
It is true that in the resolutions about the economic weapon in the
Assembly of 1921, it was recognized that from practical points of view
the application of the economic pressure cannot be made equally by all
countries. But undoubtedly, subject to the practical difficulties
mentioned, a definite obligation exists in Article 16 of the Covenant
to impose economic sanctions against the aggressor, and, as I said, in
my judgment this obligation is not changed by the Protocol; but it can
now become an operative obligation only if and when the Council says so.
The vital question regarding sanctions under the Protocol arises under
the second paragraph of Article 16 of the Covenant in connection with
the first and second paragraphs of Article 11 of the Protocol. Indeed,
it is because of this second paragraph of Article 11 of the Protocol
that the question regarding the use of the British Fleet has been
raised in England.
Article 16, paragraph 2 of the Covenant reads as follows:
"It shall be the duty of the Council in such case to recommend
to the several Governments concerned what effective naval,
military or air force the Members of the League shall severally
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contribute to the armed forces to be used to protect the
covenants of the League."
Article 11, paragraphs 1 and 2 of the Protocol read as follows: