WAR PREVENTION

Evening Post, Volume CIX, Issue 115, 17 May 1930, Page 9

WAR PREVENTION

LEAGUE OF NATIONS

AND KELLOGG PACT

COVENANT PROPOSALS

(From "The Post's" Representative) ■ LONDON, 13th March.

In order to bring the Covenant of the League of Nations into harmony with the Kellogg Pact certain amendments have been deemed necessary in the former. A committee at Geneva has been considering the matter, and has now issued a'report. Signor Scialoja (Italy) was president of the committee, .Viscount Cecil was the British membor, and there were eleven members in all. The report not only indicates the amendments recommended, but also the consequences ensuing from tne amendments. It is left to the Assembly of the League to say whether it accepts the amendments or prefers to reject them because of the consequences they involve. There are five clear months in which each country may study the added responsibilities, if any, which the proposed changes may involve. The committee reports that it felt compelled to go father than to confine itself to deleting provisions authorising war. The League Covenant having an organic charactor, which it is essential to maintain, and resort to war heneoforward being prohibited, it was essential that for the provisions authorising war there should bo substituted methods for the pacific settlement of disputes. The preamble of tho Covenant has undergone littJe change. Tlie solo modification occurs in tho opening paragraphs, which in the old text reads, "in order to promote international co-opera-tion and to achieve international peaco and security by the acceptance of obligations not to resort to war," the new test substitutes for "by the acceptance of obligations not to resort to war," the phrase "by accepting the obligation not to resort to war." Article 12, paragraph 1, which readß in tho old text:, '.'The members of the League agree that if there should arise between them any dispute likely to lead to a rupture.they >vill submit the matter either to arbitration or judicial settlement or'to inquiry by the Council, and they agreoein no case to resort to war until three months after the award by the arbitration or judicial decision or roport by the Council," reads in the amended form from the word. '' rupture onwards '' they will only employ pacific means for its settlement. If the disagreement continues, tho dispute shall be submitted either to arbitration or judicial settlement or to inquiry by the Council. The members of the League agree that they will in no case resort to war for the solution of their dispute." FAILUKE TO COMPLY. Article 13, paragraph 4, which reads in the old text: "-The members of the League agree that they will carry but in fuli; faith any award or decision that may b& rendered, and that they will noj; resort to war against'a member of the League which complies therewith. In the event of any failure to carry, out such an award or decision the Council shall propose what steps should be taken to give effect thereto," is altered from the words, '"they will not,".to read, "take any'action against any member of the League which complies therewith. In the event of any failtfrc to carry out such an award or decision the Council shall propose what measures of all kinds should be taken to give effect thereto; the-votes of the. representatives of the parties shall not be counted." Article 15, paragraph 6, which in the old text reads: "If a report by the Council is unanimously agreed to by the menfbers thereof other than the representatives of one or more of the parties to the dispute, the members of the League agree that they will not go to war with any party to the dispute which complies with the recommendations, of the roport," is amended to read:"lf the report by the Council is unanimously agreed to by the members thoroof other than the representatives of one or more of the parties to the dispute, the members of the League agree that they will comply with the recommendations of the report. If the Council's recommendation is not carried out the Council shall propose suitable measures to give it effect." WHEN THE COUNCIL FAILS TO AOREE. Article 15, paragraph 7,, which now leads: "If the Council fails to reach a report which is unanimously agreed to by the members thereof other than the representatives of one or more the parties to the dispute, the members of the League reserve to themselves the right to take such action as they shall consider necessary for the maintenance of right and justice," is changed so as to read from "parties to the dispute"; "it shall examine the procedure best suited to meet the case and recommend it t6 the parties." The proposed now -paragraph 7 (b) of Article 15 reads: "At any stage of the examination the Council may, either at the request of one of the parties or on its own initiative, ask'the Permanent Court of International Justice for an advisory opinion on points of law relating to tho dispute. Such applications shall not require a unanimous vote by the Council." Lord Cecil made a Statement at tho final meeting of the committee. "I approve of the conclusions at which we have arrived," he said, "though not always of the reasons given for them. But in making this statement I desire to remove any possible ambiguity that may remain about the position. My colleagues and I are here in our personal capacities, we do not in any Way represent our Governments, and they are perfectly free either to accept or reject any of the proposals that we have made. "For instance, it is quite possible that the British Government may not feel it possible to go farther than they . were prepared to go at the last Assembly. They may think that harmony between the Pact and the Covenant can be achieved by the amendments then proposed by the British Government. Or they may come to some other conclusion on the matter. They will have to be guided not only by juridical considerations, but by considerations of international and domestic policy. ; They will have to consider the international position as it then exists, and in particular the Condition of the disarmament question, which necessarily has a great effect on all proposals affecting international security. At the same time, I repeat that I myself am in favour of the proposals wo have made, that I believe the solution we have suggested 'is sound, and workable, and that if it i* adopted it will conduce to thY peace of the world."