The Geneva Protocol — John Stuart Mill — John Shaqi
The Geneva Protocol
John Stuart Mill · en
The first question is a question of law. Would the United States have
the right under international law to object to such a blockade? As a
preliminary to the answer to this question, it must be pointed out that
a blockade of Russia by the British might result in two different
situations. Russia could undoubtedly regard such a blockade as being
war, and if she did, no other country, neither the United States nor
any other country, could then object to the blockade. The reason for
that is that, without going into the much debated question as to the
"legality" of war, under present international law it can at least be
said that a neutral may not object to the belligerent status of two
countries at war with each other. Of course a neutral may object to
the manner of carrying on the war, or to particular incidents during
the fighting; a neutral may protest that a particular blockade is not
binding because not effective, and so on; but these things are not
immediately important here. The important thing here is that if the
blockade resulted in war, we could not object to the fact of war and
its incidents.
On the other hand, a blockade _might_ continue merely as a blockade,
without the technical status of war arising. This is, I suppose, not
very likely in the case of the blockade of a Great Power, but still it
is legally possible under the terms of the Covenant.
The situation created would be new under international law. It would
have to be considered as arising wholly from treaty and consequently
not a situation binding on Third States, but as to them simply a
situation in which their rights were governed by the principles of
international law. Under these rules, the nearest approach to such a
situation is the so-called pacific blockade of the past.
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In my view, which is the view of the vast majority of writers on the
question, Third States do not have to respect a pacific blockade. (See
Oppenheim, 3rd edition, Vol. II, page 56.) Accordingly, it seems to me
that the United States would be entitled to regard such a blockade as
not affecting her commerce with Russia.[6]
If the United States took such a position, as probably she would, the
practical value of such a blockade would be very largely diminished,
for I do not think there is any doubt that the Members of the League
would admit that the blockade only applied to such Third States outside
the League of Nations as might acquiesce in it.