The Geneva Protocol Part 41

Any signatory to this Declaration desiring to withdraw therefrom may give notice thereof to the Secretary-General of the League of Nations.

Such notice shall take effect one year from the date of deposit thereof and only as to the signatory so withdrawing.

Notice of each ratification and of each withdrawal shall be communicated by the Secretary-General of the League of Nations to each signatory hereto.

RESOLUTION CONCERNING THE DECLARATION OUTLAWING AGGRESSIVE WAR.

1. The a.s.sembly unanimously declares its approval of the Declaration Outlawing Aggressive War which was prepared by the Third Committee of the a.s.sembly and submitted to the a.s.sembly for its approval.

2. The said Declaration shall be submitted within the shortest possible time to the Members of the League of Nations for adoption in the form of a protocol duly ratified and declaring their recognition of this Declaration. It shall be the duty of the Council to submit the Declaration to the Members.

The said protocol shall likewise remain open for signature by States not Members of the League of Nations.

3. As soon as this protocol has been ratified by the majority of the Members of the League the said Declaration shall go into force.

DISARMAMENT RESOLUTION "A."

1. The a.s.sembly, having considered the Report of the Temporary Mixed Commission and having also considered the replies of the various Governments commenting on the proposed Treaty of Mutual a.s.sistance, reaffirms the principles set forth in Resolution 14 of the Third a.s.sembly,

2. Furthermore, the a.s.sembly is of the opinion that all the {267} Nations of the world, whether or not Members of the League of Nations, should agree

a. to limit or reduce their armaments to the basis necessary for the maintenance of peace and national security.

b. to study the ways and means for future reduction of armaments either as between all Nations or as between any two of them.

3. The a.s.sembly is further of the opinion that reciprocal agreements between two or more neighbouring countries for the establishment of demilitarised zones would facilitate the security necessary to progressive disarmament.

4. In order to facilitate the reduction and limitation of armaments, the a.s.sembly requests the Council to call a Permanent Advisory Conference upon disarmament which shall meet periodically at intervals of not less than once every three years.

Invitations to partic.i.p.ate in this Permanent Conference shall be sent to all Nations whether Members of the League or not.

The said Conference should from time to time consider the further codifying of the principles of international law particularly in relation to acts of aggression and preparations for such acts.

In this regard the Conference should take into account matters bearing upon the security of the Powers represented and the steps taken toward disarmament.

The recommendations of the Conference shall be submitted to the Powers for their adoption, and shall also be transmitted to the Permanent Court of International Justice.

The said Conference should publish periodical reports concerning the actual conditions of the armaments of the Powers.

The said Conference should advise the Powers concerning measures to be taken to ensure the carrying out of the principles of the present Resolution and it may prepare draft treaties for the establishment of demilitarised zones and for the further promotion of disarmament and peace.

{268}

5. The said Conference should appoint a Permanent Technical Committee.

6. The said Conference or its Permanent Technical Committee should give advice on technical questions to the Permanent Court of International Justice at the request of said Court.

7. The expenses of the said Conference and of its agencies should be borne by the Powers in the proportion of their respective budgets for defense.

DISARMAMENT RESOLUTION "B."

1. Considering that by the terms of Article 8 of the Covenant of the League of Nations

"The Members of the League undertake to interchange full and frank information as to the scale of their armaments, their military, naval and air programmes and the condition of such of their industries as are adaptable to warlike purposes,"

the a.s.sembly, in order to facilitate the carrying out of the said engagement, requests the Council to set up a Commission charged with the duty of making the necessary official examinations and reports.

2. The said Commission shall proceed under such regulations as the Council and the a.s.sembly shall from time to time approve.

3. Subject to such regulations the members of the Commission shall be ent.i.tled, when they deem it desirable, to proceed to any point within the territory of any Member of the League or to send sub-commissions or to authorize one or more of their members so to proceed on behalf of the Commission.

4. The Members of the League will give all necessary facilities to the said Commission in the performance of its duties.

5. All reports made by the said Commission shall be communicated to the Members of the League.

{269}

DISARMAMENT RESOLUTION "C."

The a.s.sembly, taking account of the provisions of the Declaration Outlawing Aggressive War, is of opinion

1. Powers which have ratified the said Declaration may, subject to the following provisions, conclude, either as between two of them or as between a larger number, agreements complementary to the said Declaration, exclusively for the purpose of their mutual defense and intended solely to facilitate the carrying out of the measures prescribed in said Declaration, determining in advance the a.s.sistance which they would give to each other in the event of any act of aggression.

Such agreements may, if the H.C.P. interested so desire, be negotiated and concluded under the auspices of the Council.

2. Complementary agreements as defined in the preceding paragraph, shall, before being registered, be examined by the Council with a view to deciding whether they are in accordance with the principles of said Declaration and of the Covenant.

In particular, the Council shall consider if the cases of aggression contemplated in these agreements are of a nature to give rise to an obligation to give a.s.sistance on the part of the other H.C.P.

The Council may, if necessary, suggest changes in the texts of the agreements submitted to it.

When recognised, the agreements shall be registered in conformity with Article 16 of the Covenant. They shall be regarded as complementary to the said Declaration and shall in no way limit the general obligations of the H.C.P. nor the sanctions contemplated against an aggressor under the terms of said Declaration.

They will be open to any other H.C.P., Party to said Declaration with the consent of the Signatory States.

3. In all cases of aggression, for which provision is made in the agreement const.i.tuting a defensive group, the H.C.P. which are members of such group may undertake to put into operation {270} automatically the plan of a.s.sistance agreed upon between them; and in all other cases of aggression or menace or danger of aggression, directly aimed at them, they will consult each other before taking action, and will inform the Council of the measures which they are contemplating.

4. The Council, taking into account the reports and opinions of the Commission set up under Resolution B of this a.s.sembly, shall at any time when requested, consider summarily whether (a) the armaments of any State are in excess of those fixed under the provisions of any agreement relating to reduction or limitation or armaments; or (b) the military or other preparations of any State are of such a nature as to cause apprehension of aggression or an eventual outbreak of hostilities.

5. If the Council shall upon such request be of the opinion that there is reasonable ground for thinking that a menace of aggression has arisen, the parties to the defensive agreements hereinbefore mentioned may put into immediate execution the plan of a.s.sistance which they have agreed upon.

6. If the Council shall, upon such request, not be of the opinion that a menace of aggression has arisen, a public report to the effect shall be made and in such case no State shall be under any obligation to put into execution any plan of a.s.sistance to which it is a party; but any Member of the League, believing itself to be threatened with a menace of aggression, notwithstanding the fact that the Council has not been of such opinion, may forthwith notify the Council to that effect, and such Member shall thereupon have full liberty of action in military or other preparations for defense, subject, however, to the limitations as to armament which are imposed by any treaty now in force.