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ARTICLE 47.

The present General Act shall be registered by the SecretaryGeneral of the League of Nations on the date of its entry into force.

The President of the ninth ordinary session of the

Assembly of the League of Nations:
(Signed) HERLUF ZAHLE.

The Secretary-General:
(Signed) ERIC DRUMMOND.

25. DRAFT DISARMAMENT CONVENTION: PROVISIONAL TEXT PREPARED IN THE LIGHT OF THE MODIFICATIONS ADOPTED IN THE FIRST READING ON JUNE 8, 1933. GENEVA, SEPTEMBER 22, 1933.1

PART I-SECURITY.2

ARTICLE 1.

In the event of a breach or threat of breach of the Pact of Paris, either the Council or Assembly of the League of Nations or one of the parties to the present Convention who are not Members of the League of Nations may propose immediate consultation between the Council or Assembly and any of the said parties to the present Convention.

ARTICLE 2.

It shall be the object of such consultation (a) in the event of a threat of a breach of the Pact to exchange views for the purpose of preserving the peace and averting a conflict; (b) in the event of a breach of the Pact to use good offices for the restoration of peace; and (c) in the event that it proves impossible thus to restore the peace then to determine which party or parties to the dispute are to be held responsible.

ARTICLE 3.

The provisions of the above articles do not in any way prejudice the rights and obligations of the Members of the League, nor conflict with nor limit the powers and duties of the Assembly and Council under the Covenant.

1 League of Nations Document Official No. Conf. D.163(1). Geneva, 1933.

Amendments and observations:

DECLARATION By the DelegaTION OF THE UNITED STATES OF AMERICA

At the meeting of the General Commission on May 24th 1933 (see Minutes, pages 495 and 496), Mr. Norman Davis gave as an illustration, without committing himself to the exact words, the form of declaration which the United States would make at the time of the deposit of the ratification of the Convention:

"Recognising that any breach or threat of breach of the Pact of Paris (the Briand-Kellogg Pact) is a matter of concern to all the signatories thereto, the Government of the United States of America declares that, in the event of a breach or threat of breach of this Pact, it will be prepared to confer with a view to the maintenance of peace in the event that consultation for such purpose is arranged pursuant to Articles 1 and 2 of Part I of the Disarmament Convention. In the event that a decision is taken by a conference of the Powers in consultation, in determining the aggressor, with which, on the basis of its independent judgment, the Government of the United States is agreed, the Government of the United States will undertake to refrain from any action and to withhold protection from its citizens if engaged in activities which would tend to defeat the collective effort which the States in consultation might have decided upon against the aggressor."

ACT RELATING TO THE DEFINITION OF THE AGGRESSOR.

The States

Deeming it necessary, in the interest of the general security, to define aggression as specifically as possible in order to obviate any pretext whereby it might be justified;

And noting that all States have an equal right to independence, security, the defence of their territory and the free development of their institutions;

And desirous, in the interest of the general peace, to ensure to all peoples the inviolability of their territory;

And judging it expedient to establish the rules that are to be followed by the international bodies responsible for determining the

aggressor:

Have agreed upon the following provisions:

Article 1.

The aggressor in an international conflict shall, subject to the agreements in force between the parties to the dispute, be considered to be that State which is the first to commit any of the following actions:

(1) Declaration of war upon another State;

(2) Invasion by its armed forces, with or without a declaration of war, of the territory of another State;

(3) Attack by its land, naval or air forces, with or without a declaration of war, on the territory, vessels or aircraft of another State;

(4) Naval blockade of the coasts or ports of another State;

(5) Provision of support to armed bands formed in its territory which have invaded the territory of another State, or refusal, notwithstanding the request of the invaded State, to take in its own territory all the measures in its power to deprive those bands of all assistance or protection.

Article 2.

No political, military, economic or other considerations may serve as an excuse or justification for the aggression referred to in Article 1. Article 3.

The present Act shall form an integral part of the General Convention for the Reduction and Limitation of Armaments.

Protocol annexed to Article 2 of the Act relating to the Definition of the Aggressor.3 The High Contracting Parties signatories of the Act relating to the definition of the aggressor,

Desiring, subject to the express reservation that the absolute validity of the rule laid down in Article 2 of that Act shall be in no way restricted, to furnish certain indications for the guidance of the international bodies that may be called upon to determine the aggressor:

Declare that no act of aggression within the meaning of Article 1 of that Act can be justified on either of the following grounds, among others:

Text not adopted but inserted for purpose of information.

A. The internal condition of a State-e. g., its political, economic or social structure; alleged defects in its administration; disturb ances due to strikes, revolutions, counter-revolutions or civil war.

B. The international conduct of a State-e. g., the violation or threatened violation of the material or moral rights or interests of a foreign State or its nationals; the rupture of diplomatic or economic relations; economic or financial boycotts; disputes relating to economic, financial or other obligations towards foreign States; frontier incidents not forming any of the cases of aggression specified in Article 1.

The High Contracting Parties further agree to recognise that the present Protocol can never legitimate any violations of international law that may be implied in the circumstances comprised in the above list.

ACT RELATING TO THE ESTABLISHMENT OF FACTS CONSTITUTING AGGRESSION. Article 1.

There shall be set up at the seat of the Government of each of the High Contracting Parties which may so request a Commission for establishing the facts, consisting of five members, constituted as follows:

Every five years the Permanent Disarmament Commission (or the Council of the League of Nations) shall establish for each of the said High Contracting Parties, a list of ten persons of different nationalities chosen from among the diplomatic agents and military, naval or air attachés accredited to the Government of such High Contracting Party. It shall further make provision in the interval for filling any vacancies that may occur in the personnel thus designated.

Each Government shall select from this list the five members of the Commission. It shall be permissible for it to make this choice and, if necessary, to modify it until such time as the Commission is despatched.

The Commission shall be presided over by the member holding the highest diplomatic rank.

Article 2.

Any High Contracting Party which believes itself to be the victim of, or threatened with, any aggression or violation of its territory shall have the option of calling upon the Commission to establish all the facts likely to throw light on the situation.

Article 3.

A High Contracting Party making use of this option must, immediately and by the most rapid means, notify the Secretary of the Permanent Disarmament Commission (or the Secretary-General of the League of Nations). The latter shall at once notify the High Contracting Party accused, in order that it may, should it so desire. have the facts established on its side by the Commission set up on its territory.

Article 4.

If the Commission considers it useful for the accomplishment of its task to verify certain facts other than those to which its attention has been drawn by the complainant Government, it shall inform the latter, which shall decide what action should be taken in this respect.

Article 5.

Any Commission before which a request for the establishment of the facts has been laid shall, as soon as possible, make known to the Secretary of the Permanent Disarmament Commission and to the Secretary-General of the League of Nations, as also to the complainant Government, a detailed report, giving such evidence as it has been able to establish regarding the significance of the facts related therein and a statement of the conditions in which its mission has been carried out.

The Commission shall supply the Permanent Disarmament Commission and the Council of the League of Nations with any supplementary written or verbal explanations which it may be asked to give in this connection.

Article 6.

The decisions of the Commission for establishing the facts shall be taken by a majority vote, the members of the minority having the right to add to the report a note explaining the reasons for their disagreement.

Article 7.

The High Contracting Parties accept forthwith on behalf of their diplomatic agents and military, naval and air attachés, any mission that may be entrusted to the latter in execution of the present Convention.

EUROPEAN SECURITY PACT

Chapter I.

The High Contracting Parties ing provisions:

Article 1.

have agreed upon the follow

Being desirous of promoting the cause of disarmament and with a view thereto of encouraging a spirit of mutual confidence among the nations of Europe by a declaration forbidding resort to force in the circumstances in which the Pact of Paris forbids any resort to war,

The High Contracting Parties solemnly reaffirm that they will in no circumstances resort among themselves to force as an instrument of national policy.

Article 2.

The High Contracting Parties undertake to accede, if they have not already done so, to the General Convention to improve the Means of preventing War, signed at Geneva on September 26th, 1931, such accession to take effect as from the date of the entry into force of the Convention for the Reduction and Limitation of Armaments.

Chapter II.

Recognising that it is important for the maintenance of peace and the success of the efforts they have undertaken for the reduction and limitation of armaments that a State victim of aggression should receive prompt assistance, the High Contracting Parties have further agreed upon the following provisions:

Text not adopted but inserted for purposes of information.

Article 3.

The purpose of assistance is to bring about the cessation of the aggression and to ensure just settlement of its consequences.

Article 4.

Assistance shall be due by any High Contracting Party having assumed the obligation to assist another under treaties published by and registered with the Secretariat of the League of Nations, in accordance with the conditions and procedure laid down in those treaties.

Article 5.

Assistance is also due in the cases, indicated in the Covenant of the League of Nations.

Article 6.

A State shall be considered as having resorted to war within the meaning of Article 16 of the Covenant of the League of Nations, subject to the agreements in force between the parties in conflict, when it is the first to have committed one of the following acts:

(1) Declaration of war on another State;

(2) Invasion by its armed forces, even without declaration of war, of the territory of another State;

(3) Attack by its land, naval or air forces, even without declaration of war, on the territory, ships or aircraft of another State;

(4) Support given to armed bands which, having been formed in its territory, have invaded the territory of another State, or refusal to take in its own territory, notwithstanding the request of the invaded State, all the measures in its power to deprive the said bands of all help or protection.

Article 7.

Each of the High Contracting Parties undertakes to participate immediately, to the extent determined hereafter, in the execution of any recommendations which the Council of the League of Nations may make in pursuance of Article 16, paragraph 2, of the Covenant of the League, when such recommendations have been adopted unanimously, excluding the votes of the parties to the dispute.

The assistance thus promised shall be due by a Contracting State to the Contracting States situated in a particular area. (This clause will be completed after negotiations on the subject.)

This immediate assistance shall consist in the contributions specified in the table annexed to the present agreement. (The contents of this table will be settled after negotiations on the subject.)

The High Contracting Parties undertake not to regard as acts of war acts performed with a view to providing this assistance.

Article 8.

If after the entry into force of the present Pact a High Contracting Party which has not yet assumed an obligation within the meaning of paragraphs 2 and 3 of the preceding article desires to assume such obligation, it shall be allowed to do so by agreement between the States bound by the present chapter.

Similarly, if a High Contracting Party desires to extend the obligation assumed by it in a given area to another area, it shall be allowed to do by agreement between the States bound by the present chapter.

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