The Geneva Protocol — John Stuart Mill — John Shaqi
The Geneva Protocol
John Stuart Mill · en
I have suggested two instances for the reason that there is a slight
difference between them. That difference lies in the fact that in the
first instance supposed, Italy, as a Member of the League, would have
agreed to the application of the sanctions; they would have been
applied by the British as a result of Italy breaking her treaty. But
in the second instance, Russia never having agreed to the Covenant, the
sanctions would be applied by the British solely as a result of the
British agreement to apply them and not because of any legal breach by
Russia, however morally wrong her attack on Poland might be.
I do not think that the difference between the two supposed cases would
make any difference legally in the attitude that the United States
might take in the one case or the other. The blockade would arise from
the provisions of the Covenant in either case. To that document the
United States is not a party. In each case our correct legal position
would be that our international rights were not limited by the
agreement of others.
Accordingly, let us consider the case of the blockade of Russia by the
British, recalling that, under the hypothesis, Russia has attacked
Poland and that the economic and financial blockade of the first
paragraph of Article 16 of the Covenant has come into full force. Now,
so far as that blockade cut off relations between Great Britain and
Russia, it would be none of our business. But the language of Article
16 includes
"the prevention of all financial, commercial or personal
intercourse between the nationals (residents)[5] of the
Covenant-breaking State (Russia, under the hypothesis;
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see Covenant, Article 17) and the nationals (residents) of
any other State, whether a Member of the League or not."
What this would mean would be that all intercourse between Russia and
the United States would be cut off by the British Fleet so far as they
could do it. The questions suggested are: Could the United States
protest; and would we protest?