THE New Zealand Herald AND DAILY SOUTHERN CROSS SATURDAY, SEPTEMBER 28, 1935 LEAGUE COUNCIL IN ACTION

New Zealand Herald, Volume LXXII, Issue 22226, 28 September 1935, Page 12

THE New Zealand Herald AND DAILY SOUTHERN CROSS SATURDAY, SEPTEMBER 28, 1935 LEAGUE COUNCIL IN ACTION

The League Council has acted with commendable firmness and 'speed at its meeting called to deal further with the dispute between Italy and Abyssinia. As expected, it has stood by the obligations of the Covenant; as hoped, it has been unanimous in* this. It might have referred the dispute to the Assembly, a course with some 'show of justification in view of the failure of its own Committee of Five to find a basis of conciliation acceptable to both disputants. Resort to this right, however, would have been weak. It is well for the League—and this means the interests of a whole world in need of assured peace—that the members of the Council (with the exception of Italy's representative, ineligible as a disputant to take part in the business) were determined to shoulder their responsibility, and that they have done so without the slightest hesitation. The League is not yet triumphant, but its Council has not shirked duty; Italy has been plainly shown by the other thirteen States in Council membership that the nation disposed to play fast and loose with its obligations is in peril of summary discipline. The Council's determination does not mean, in de:;ail, the immediate imposing of restraint on Italy. No mention, indeed, has been made of Italy. It could not be. Whatever the world may know or think, the Council is officially aware of no compromising step by Italy beyond earlier reluctance to accept League jurisdiction, subsequent refusal to collaborate in discussion, rejection of the conciliatory proposals of the Committee of Five, and continued preparation for war—all indicative of culpable indifference to League obligations but stopping short of flagrant, overt defiance. Consequently, the Council could not proceed to name Italy as an aggressor in the terms of the Covenant, much lesis set. in motion /the machinery of sanctions. Nevertheless, its action is important. There is no mistaking the direction in which it points. It as an excellent beginning. Its importance resides in the welcome proof it gives that the League is not prepared to go out of business in an international crisis of considerable magnitude. Not even the possibility that one of Europe's leading Powers may defy it, obstruct it, leave it, is allowed to deter application of the Covenant. The Council has gone to the utmost limit of its duty at the moment. This dispute was brought to its notice by Abyssinia according to the provisions of the Covenant (articles 11, 12, 15). Thereupon it took steps to bring about a settlement, eventually hearing the disputants and appointing the Committee of Five to report in detail on their cases and to submit to them and to the Council proposals for a conciliatory settlement. These steps, it should be noted, were taken with particular reference to article 15, now said to be "invoked." Wherein, then, is the legal and practical importance of the present step 1 The president of the Council and the British delegate have answered the question by their reference to clause 4 of the article, which provides for the making of more than a public report on the dispute: "recommendations which are deemed just and proper in regard thereto" shall also be made at the same time. This is: to be done, and done without undue delay. It will take a week or more. But meanwhile, in the words of Mr. Eden, supported by M. Laval among others, "Governments will have an opportunity to consider whether—and, if so, how—anything further can be done to safeguard peace; this is an obligation which members of the League will not overlook." M. Laval's support has been emphatic: "Franco will adhere to the obligations of the Covenant; . . . the Council will accomplish this task in the spirit and letter of the Covenant." Therefore, while the Committee of Five is directed to remain in being and the Council will promote further efforts of conciliation—decisions showing that the door to peaceful settlement is not closed —precautions of a more robust sort are not to be neglected. If there is significance in language, this means using to the full the restraints of the Covenant, and is a virtual notice to the disputants that at their peril they will commit any contemplated or careless breach of the peace. This reading of the decision is fully confirmed on reference to article 16. in which sanctions are detailed. "Should any member of the League resort to war in disregard of its covenants under articles 12, 13 or 15," this begins, "it shall ipso facto be deemed to have committed an act of war against all other members of the League, which hereby undertake to subject it to the severance of all trade or financial relations." and so on to the contribution of "armed forces to be used to protect the covenants of the League." To invoke sanctions at this stage being obviously premature, the

Council has not specifically cited articlo 16, but the full employment of article 15 clearly prepares the way for sanctions. The Council's selfimposed task at the moment is the preparation of its report and recommendations. Should these be unanimously presented, the members of the League will be legally placed under obligation not to go war with any party to the dispute which complies with the recommendations of the report. That includes each disputant, and in the event of defiance by either there will follow the imposition of sanctions. It is probable that unanimity on the report may not be easily reached, as some Council members have objected to the proposals of the Committee of Fivo as going too far in the direction of placating Italy; but the unanimous vote on procedure at this stage, with an evident care to include recommendations on what may eventually have to be done, suggests that unanimity at the next stago is by no means impossible. Failing unanimity on the report, individual members of jthe League have a prescribed right "to take such action as they shall consider necessary for the maintenance of right and justice." This provision of article 15, now expressly the article "invoked" by the Council, strengthens the view that its members have resolved to handle the situation with extreme firmness as well as due caution.