The Geneva Protocol — John Stuart Mill — John Shaqi
The Geneva Protocol
John Stuart Mill · en
"As soon as the Council has called upon the signatory States to
apply sanctions, as provided in the last paragraph of Article
10 of the present Protocol, the obligations of the said States,
in regard to the sanctions of all kinds mentioned in paragraphs
1 and 2 of Article 16 of the Covenant, will immediately become
operative in order that such sanctions may forthwith be employed
against the aggressor.
"Those obligations shall be interpreted as obliging each of the
signatory States to co-operate loyally and effectively in support
of the Covenant of the League of Nations, and in resistance to
any act of aggression, in the degree which its geographical
position and its particular situation as regards armaments allow."
On its face, paragraph 2 of Article 11 of the Protocol merely
interprets paragraph 2 of Article 16 of the Covenant; but
unquestionably _it greatly changes it_. Under the provisions mentioned
of the Covenant, the Council had merely the duty of recommendation as
to forces to be contributed by Members of the League. Undoubtedly
under Article 16 of the Covenant, paragraph 1, any Member of the League
had the right, if it chose, to consider itself at war with an
aggressor, but equally under that paragraph any Member of the League
had the right, if it chose, _not_ to consider itself at war with an
aggressor. Consequently there was no duty whatever under that Article
16, not even a moral duty, in my judgment, on the part of any Member of
the League to contribute any armed forces whatever. The Council had
the duty (under Article 16, Paragraph 2, of the Covenant) of making a
recommendation; but it was merely a recommendation, and there was no
obligation of the Member of the League to which the recommendation
applied; there was merely a possible privilege to the Member of the
League to which the recommendation applied--and that is a very
different thing.
Now, let us look at paragraph 2 of Article 11 of the Protocol, quoted
above. Each signatory State is "to cooperate loyally and {78}
effectively" not only "in support of the Covenant," but "in resistance
to any act of aggression." Well, certainly resistance to an act of
aggression means force and this fact is not qualified but emphasized by
the words: "in the degree which its geographical position and its
situation as regards armaments allow." I grant that these words have a
qualifying effect in some cases. They would mean, for example, that if
Denmark had no army, she could not be under any obligation to use
infantry. But they also refer to the other side of that picture, that
the British do have a navy, that is their particular situation as
regards armaments, a very particular situation; and under this Article,
as I read it, the British would be bound "loyally and effectively" to
cooperate in resistance to an act of aggression in the degree which
their particular naval situation allowed.