The Geneva Protocol — John Stuart Mill — John Shaqi
The Geneva Protocol
John Stuart Mill · en
Suppose then that Japan went to the length of declaring war on the
United States for this cause. While immaterial from the point of view
of the United States, I cannot see that such a war would violate the
Covenant in its letter; of course it would {95} violate its spirit of
peace; but I do not think there is any specific provision of the
Covenant which, in terms, forbids it.
The Protocol in this regard goes farther in its language. The general
covenant not to resort to war in Article 2 includes such a resort to
war, not only against a signatory, but also against a State which
"accepts all the obligations hereinafter set out"; in other words,
against a sort of _ad hoc_ adherent to the Protocol (Article 16), but
we may assume that these last words would not include the United States.
The preamble asserts that a war of aggression constitutes a violation
of the solidarity of the members of the international community, and
also an international crime. Article 10 of the Protocol says that
every State which resorts to war in violation of the undertakings
contained in the present Protocol is an aggressor; and in Article 8 the
document goes to its greatest length, so far as non-Signatories are
concerned, by saying that the signatory States undertake to abstain
from any act which might constitute a threat of aggression against
another State. These last words "against another State" are the
important words, because they include every State in the world, not
only a Signatory. Furthermore, in that same Article 8 any Signatory
can bring to the notice of the Council its view that "another State" is
making preparations for war, which of course would include another
Signatory.
So it is perhaps arguable that under the Protocol an attack by a
Signatory against a State which is not a Signatory might be an
aggression and that the sanctions of the Protocol might be brought into
play in favor of the non-Signatory. If that view be correct, then, in
the case supposed, namely, an attack by Japan upon the United States,
it would seem that, if the matter were brought before the Council by
_any_ Signatory (as it undoubtedly would be) the Council _might_
declare Japan to be an aggressor under the Protocol; and it would then
become the duty of the other Signatories to apply against Japan all the
sanctions of the Protocol, at least unless the United States objected
to such a course and preferred to go it alone.
{96}