The Geneva Protocol Part 40

After the work of the First and Third Committees had been concluded, the reports of these Committees were submitted as a whole to the a.s.sembly. The a.s.sembly unanimously, with the a.s.sent of every Delegation represented at that time in the a.s.sembly, approved the reports so presented them, and pa.s.sed the resolutions, the text of which has already been published.[3]

We are, Sir,

Your obedient servants, ARTHUR HENDERSON.

PARMOOR.

GILBERT MURRAY.

CECIL J. B. HURST.

The Right. Hon.

J. RAMSAY MACDONALD, M. P., &c. &c. &c.

[1] Miscellaneous No. 13 (1924), Cmd. 2200.

[2] See Annex C, p. 156.

[3] See Annex D, p. 210.

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ANNEX F.

PROPOSALS OF THE AMERICAN GROUP.[1]

DECLARATION OUTLAWING AGGRESSIVE WAR.

CHAPTER I.

OUTLAWRY OF AGGRESSIVE WAR.

ARTICLE 1.--The High Contracting Parties solemnly declare that aggressive war is an international crime. They severally undertake not to be guilty of its commission.

ARTICLE 2.--A State engaging in war for other than purposes of defense commits the international crime described in Article 1.

ARTICLE 3.--The Permanent Court of International Justice shall have jurisdiction, on the complaint of any signatory, to make a judgment to the effect that the international crime described in Article 1 has or has not in any given case been committed.

CHAPTER II.

ACTS OF AGGRESSION.

ARTICLE 4.--The High Contracting Parties solemnly declare that acts of aggression, even when not amounting to a state of war, and preparations for such acts of aggression, are hereafter to be deemed forbidden by international law.

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ARTICLE 5.--In the absence of a state of war, measures of force by land, by sea or in the air taken by one State against another and not taken for the purpose of defense against aggression or for the protection of human life shall be deemed to be acts of aggression.

General or partial mobilisation may be deemed to be preparation for an act of aggression.

Any signatory which claims that another signatory has violated any of the terms of this Declaration shall submit its case to the Permanent Court of International Justice.

A signatory refusing to accept the jurisdiction of the Court in any such case shall be deemed an aggressor within the terms of this Declaration.

Failure to accept the jurisdiction of the Court within four days after notification of submission of a claim of violation of this Declaration shall be deemed a refusal to accept the jurisdiction.

ARTICLE 6.--The Court shall also have jurisdiction on the complaint of any signatory to make a judgment to the effect that there has or has not in any given case been committed a violation of international law within the terms of Article 4.

ARTICLE 7.--The Court shall, in any case, have the power to indicate, if it considers that circ.u.mstances so require, any provisional measures which ought to be taken to reserve the respective rights of either party.

Pending the final decision, notice of the measures suggested shall forthwith be given to the parties.

CHAPTER III.

SANCTIONS.

ARTICLE 8.--In the event of any H.C.P. having been adjudged an aggressor pursuant to this Declaration, all commercial, trade, financial and property interests of the aggressor shall cease to be ent.i.tled, either in the territory of the other signatories or on {265} the high seas, to any privileges, protection, rights or immunities accorded by either international law, national law or treaty.

Any H.C.P. may in such case take such steps towards the severence of trade, financial, commercial and personal intercourse with the aggressor and its nationals as it may deem proper and the H.C.P. may also consult together in this regard.

The period during which any such economic sanction may be continued shall be fixed at any time by the Court at the request of any signatory.

In the matter of measures of force to be taken, each signatory shall consult its own interests and obligations.

ARTICLE 9.--If any H.C.P. shall be adjudged an aggressor by the Permanent Court of International Justice, such Power shall be liable for all damage to all other H.C.P. resulting from its aggression.

CHAPTER IV.

DECREES OF THE PERMANENT COURT.

ARTICLE 10.--The H.C.P. agree to accept the judgment of the Permanent Court of International Justice as to the fulfilment of violation of the contracts of this Declaration.

Any question arising under this Declaration is _ipso facto_ within the jurisdiction of the Court.

ARTICLE 11.--If a dispute arising under this Declaration shall be submitted to the Permanent Court of International Justice, it is for the Court to decide as to its jurisdiction and also whether or not its decree has been complied with.

ARTICLE 12.--The High Contracting Parties, recognising that excessive armaments const.i.tute a menace of war, agree to partic.i.p.ate in the Permanent Advisory Conference on Disarmament decided upon by the Fifth a.s.sembly of the League of Nations.

ARTICLE 13.--The present Declaration shall be ratified. The ratifications shall be deposited as soon as possible with the Secretary General of the League of Nations.

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