The Geneva Protocol — John Stuart Mill — John Shaqi
The Geneva Protocol
John Stuart Mill · en
Article 13 of the Protocol says that these separate agreements may be
acceded to by any Member of the League of Nations. This language would
include a Member of the League which was not a signatory of the
Protocol. Under Article 13, it is only the States signatory to the
Protocol which may make separate agreements. The point is doubtless of
no real importance; but it cannot be intended that these separate
agreements, if any be made, shall be acceded to by States other than
those bound by the Protocol, for any such separate agreement would be
in reality a paper subsidiary to the Protocol.
[1] Whether these "undertakings" would have the same legal quality as a
treaty is at least doubtful.
{84}
CHAPTER XIV.
THE PROTOCOL AND ARTICLE TEN OF THE COVENANT.
It is to be remembered that in this portion of the discussion
consideration is given only to the relations _inter se_ of the
Signatories to the Protocol.
As among these States the famous Article 10 of the Covenant will have
lost all its significance.
Article 10 of the Covenant has two distinct aspects. The more
important of these is the undertaking by the Members of the League to
"preserve as against external aggression the territorial integrity and
existing political independence" of other Members. Because of these
guarantees Article 10 was objected to in this country and in Canada
chiefly for the reason that it might involve the use of armed force by
the guarantor States. The further idea that this use of armed force
would necessarily come into play upon a decision of the Council of the
League of Nations was largely fallacious and was practically removed by
the resolution of the Assembly regarding Article 10.[1]
The other side of these guarantees of Article 10, which has perhaps not
always been very well appreciated, is that the obligation of a
guarantor State under Article 10 _may_ be very limited indeed and may
even be nothing at all, even in the case of a wilful attack. Article
10 goes only to two things, territorial integrity and political
independence. If an aggressor State respects these two things it can
do otherwise what it chooses, so far as the guarantor States are
concerned. For example, under Article 10 alone _and taking nothing
else into consideration_, one State could attack another, destroy every
building in the country, blow up every mine, and lay waste every field,
and then retire, saying: The territorial integrity of the country
attacked is now preserved, and its remaining inhabitants retain their
full political independence. Under such circumstances, no guarantor
State under Article 10 of the Covenant of the League of Nations would
be obliged to do anything.
{85}