CHINA'S CLAIM

New Zealand Herald, Volume LXXV, Issue 23149, 22 September 1938, Page 14

CHINA'S CLAIM

CLAUSE IN COVENANT PROPOSALS TO LEAGUE CHARGES AGAINST JAPAN FREQUENT GAS ATTACKS By Telegraph—Press Association —Copyright GENEVA, Sept. 20 The Japanese Cabinet is certain to reject the League's invitation to accept its jurisdiction in the SinoJapanese dispute under tho application of Article 17 of the Covenant, says a message from Tokio. Dr. Wellington Koo, Chinese delegate to the League, detailed the following proposals to the Armaments Committee: — "A recommendation to member and non-member States to refrain from supplying military aud naval aeroplanes with oil; that a commission of neutral observers collect facts in China in Connection with tho uso of poison gas'and tho bombing of populous cities; that civilians watch the situation on tho war fronts and report to the League; that the League convene a general conference of member and non-member States with a view to preparing an air warfaro convention."

Captain Euan Wallace, British delegate, recommended to the Assembly the adoption of a resolution outlawing international bombing of civilian populations and ensuring that aerial targets must be legitimate objectives capable of identification, besides ensuring that adjacent civilian populations are not bombed through carelessness. A message from Hankow states that Marshal Chiang Kai-shek's headquarters were jubilant at the decision of the League Council, as it is expected to strengthen the morale of China. The Chinese allege that the frequency of Japanese gas attacks has increased with the bitterness of the fighting in all sectors. The Japanese admit that the fierce counter-attack by tho Chinese on the Hwang-mei and Kwangt-si sectors slowed up their progress.

Article 17 of the League Covenant reads: "In the event of a dispute between a member of the League and a State which is not a member of the League, or between States not members of the League, the State or States not members 01 the League shall be invited to accept the obligations of membership in the League for the purposes of such dispute, upon such conditions as tho Council may deem just. If such invitation is accepted, the provisions of Articles 12 to 16, inclusive, shall be applied with such modifications as may be deemed necessary by the Council. "Upon such invitation being given, the Council shall immediately institute an inquiry into the circumstances of -the dispute and recommend such action as may seem best and most effective in the circumstances. "If a State sq invited shall refuse to accept the obligations of membership in the League for the purposes of such dispute, and shall resort to war against a member of the League, the provisions of Article 16 shall be applicable as against the State taking such action."