I point out here that the word "contingent" in the first paragraph of Article 13 of the Protocol does not relate to the obligatory character of the sanctions but to the necessary uncertainty as to the future existence of the breach required for their applicability (see the French text); and the debate in the Third Committee and more particularly the Report unanimously adopted by the Assembly, in its discussion of Article 11,[[9]] make it clear that the above interpretation as to the military sanctions is correct; uniform in obligation, they are flexible in application.
Consideration of the third paragraph of Article 11 of the Protocol in connection with the third paragraph of Article 16 of the Covenant tends to support the views already expressed. Without further elaboration, I call particular attention to the last clause of the paragraph of the Protocol mentioned and cite the respective paragraphs of the two documents in parallel columns:
Paragraph 3 of Article 16 of Paragraph 3 of Article 11 of
the Covenant. the Protocol.
"The Members of the League "In accordance with paragraph
agree, further, that they will 3 of Article 16 of the
mutually support one another Covenant the signatory States
in the financial and economic give a joint and several
measures which are taken undertaking to come to the
under this Article, in order to assistance of the State attacked
minimize the loss and or threatened, and to give each
inconvenience resulting from the other mutual support by means
above measures, and that they of facilities and reciprocal
will mutually support one exchanges as regards the
another in resisting any special provision of raw materials and
measures aimed at one of their supplies of every kind, openings
number by the Covenant-breaking of credits, transport and transit,
State, and that they and for this purpose to take all
will take the necessary steps to measures in their power to
afford passage through their preserve the safety of
territory to the forces of any communications by land and by sea
of the Members of the League of the attacked or threatened
which are co-operating to State."
protect the covenants of the
League."
There are certain other provisions of the Protocol regarding sanctions which should be mentioned at least for the sake of completeness.
It is the Council[[10]] which declares that sanctions are at an end and that "normal conditions be re-established" (Article 14).
To the "extreme limit of its capacity," all costs of an aggression are to be borne by the aggressor (Article 15). The language concerning the extent of the liability involved is very sweeping, going much farther than the categories of damage mentioned in Annex I of the Reparation clauses of the Treaty of Versailles.
The plans to be drawn up by the council for the detailed application of the economic and financial sanctions are to be "communicated" to the Signatories—in other words, they are advisory, not binding (Article 12).
Here it should be said that the final words of this Article 12 mention "the Members of the League and the other signatory States." These words imply the possibility of States signatory to the Protocol which are non-Members of the League. As pointed out above,[[11]] no such possibility exists, in my opinion. Even if such a theoretic possibility existed, it would be absurd to suppose that any State would sign the Protocol, with obligations going beyond those of the Covenant, while still being outside the privileges of the Covenant; however, the question is of no special importance here.
The main sanctions of the Protocol, as among the Parties to the Protocol, may be thus summed up: a war of aggression is an international crime; a Signatory which either avows itself an aggressor or refuses an armistice after hostilities have broken out, commits this crime; and accordingly the other Signatories, upon the call of the Council, unite in the defence of the Signatory which is not the aggressor, according to their respective capacities; which means that if and to the extent that they are able to do so, they contribute by force to the defence against the aggression, as well as by economic and financial measures.