The Geneva Protocol — John Stuart Mill — John Shaqi
The Geneva Protocol
John Stuart Mill · en
There is no provision made in the Protocol of Geneva for the withdrawal
of any State from its obligations, assuming that those obligations come
finally into force. On its face the Protocol is therefore perpetual;
but it is not really so. The obligations of the Protocol are so
intertwined with the obligations of the Covenant that there is no doubt
in my mind that the withdrawal from the League by a Member thereof
(when bound by the Protocol) would release that State from the
obligations of the Protocol as well as from the obligations of the
Covenant.
The obligations of the Covenant are terminable by any Member of the
League, as to itself, on two years notice. The obligations of the
Protocol go much farther than the obligations of the Covenant. The
obligations of the Protocol are, by its terms, later to be merged in
the Covenant itself, without in any way impairing the withdrawal clause
of the latter document.
So clearly it is not to be supposed that the obligations of the
Protocol of Geneva, as to a Member of the League, are eternal. If the
lesser obligations of the Covenant end as to a particular Member of the
League upon withdrawal, surely the greater obligations of the Protocol,
as to that League Member, end also.
The foregoing shows the fallacy, as a matter of logic, of the idea that
a non-Member of the League may be bound by the Protocol and yet not be
a party to the Covenant; for it would mean that a Signatory might be
forever bound to a subsidiary instrument (the Protocol) although the
primary instrument (the Covenant) was terminable; but I discuss this
more at length later.[6]
Furthermore, it should be repeated that the Protocol is intended to be
only a temporary document in the sense that, if it comes finally into
force, it is contemplated that the Covenant will be amended
substantially in accordance with the provisions of the Protocol.
[1] Annex D, p. 210 at p. 211, _et seq._
[2] p. 97, _et seq._ It is settled that that Conference will be
postponed.
[3] Article 21.
[4] _Infra_, p. 97, _et seq._
[5] Article XXIII. See Conference on the Limitation of Armament,
Government Printing Office, 1922, p. 1603.
[6] p. 10, _et seq._
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CHAPTER IV.
PARTIES TO THE PROTOCOL.
The theory of the framers of the Protocol of Geneva is that it may be
signed and ratified by non-Members of the League of Nations as well as
by Members of the League.
Various words of the Protocol (_e. g._, Article 12) indicate this, the
Report to the Assembly so states,[1] and the Resolution[2] of the
Assembly recommending the Protocol for acceptance by the Members of the
League of Nations specifically says that the Protocol shall be "open
for signature by all other States" as well as by Members of the League.