with the consent of the parties, the settlement of the dispute is being sought through some other channel? Reply. "Where, contrary to the terms of Article 15, paragraph I, a dispute is submitted to the Council on the application of one of the parties, where such a dispute already forms the subject of arbitration or of judicial proceedings, the Council must refuse to consider the application. "If the matter in dispute, by an agreement between the parties, has already been submitted to other jurisdiction before which it is being regularly proceeded with, or is being dealt with in the said manner in another channel, it is in conformity with the general principles of law that it should be possible for a reference back to such jurisdiction to be asked for and ordered." Third Question.—Is an objection founded on Article 15, paragraph 8, of the Covenant the only objection based on the merits of the dispute on which the competence of the Council to make an enquiry can be challenged? Reply. "Where a dispute likely to lead to a rupture is submitted to the Council, on the application of one of the parties, in accordance with the provisions of Article 15, paragraph 1, the case contemplated in paragraph 8 of Article 15 is the only case in which the Council is not to enquire into the dispute. "In particular, the reservations commonly inserted in most arbitration treaties cannot be pleaded as a bar to the proceedings. "The Commission considers it desirable to observe that, where the case arises, the Council should, in determining the course of its action, have regard to international engagements, such as treaties of arbitration or regional understandings, for securing the maintenance of peace." Fourth Question.-Are measures of coercion which are not meant to constitute acts of war consistent with the terms of Articles 12 to 15 of the Covenant when they are taken by one Member of the League of Nations against another Member of the League without prior recourse to the procedure laid down in those articles? Reply. "Coercive measures which are not intended to constitute acts of war may, or may not, be consistent with the provisions of Articles 12 to 15 of the Covenant, and it is for the Council, when the dispute has been submitted to it, to decide immediately, having due regard to all the circumstances of the case and to the nature of the measures adopted, whether it should recommend the maintenance or the withdrawal of such measures." Fifth Question.-In what circumstances and to what extent is the responsibility of a State involved by the commission of a political crime in its territory? Reply. "The responsibility of a State is only involved by the commission in its territory of a political crime against the persons of foreigners, if the State has neglected to take all reasonable measures for the prevention of the crime and the pursuit, arrest and bringing to justice of the criminal. "The recognized public character of a foreigner and the circumstances in which he is present in its territory, entail upon the State a corresponding duty of special vigilance on his behalf." For the Special Commission of Jurists, (Signed) ADATCI, President of the Commission. Director, Legal Section of the NOTE. The full text of Articles 12 to 15 of the Covenant of the League of Nations may be found in International Conciliation No. 142, September, 1919, pages 14 to 17. LORD PARMOOR'S COMMENTS1 It will be remembered that in the course of the dispute between Italy and Greece last September (1923) concerning the murder of General Tellini at Janina certain legal questions were raised concerning the interpretation of the Covenant, and the rights of Members of the League. The Council then decided to refer these questions to a Special Commission of Jurists to serve on which each Member of the Council was to nominate a representative. At its present meeting the Council had to consider the report made by this Commission of Jurists. It will be understood that the points submitted to the Jurists were legal in character, and that the task of the Jurists was to consider them on exclusively juridical grounds. The Council accordingly proceeded to consider the Jurists' report as involving answers to the legal issues submitted to them. It is, nevertheless, evident that the questions involved were of wide general importance. It is, therefore, satisfactory that the Commission of Jurists was composed of eminent personages, whose collective authority was naturally great. The Commission was presided over by M. Adatci of Japan, and the British Member was an ex-Lord Chancellor, Lord Buckmaster. The Commission of Jurists met at Geneva in January, and, after prolonged deliberation, agreed unanimously on the answers to all the five questions submitted to them. The questions and the answers returned by the Commission are shown in an annex to this report. Not every member of the Council was entirely satisfied with all the answers. The representative of Sweden, for example, made the following declaration: "The Swedish Government has noted with the greatest satisfaction the replies of the Commission of Jurists to the first three questions concerning the competence of the Council. The Council, in adopting these replies, has affirmed 1 Reprinted from British Official Publication Miscellaneous No. 4 (1924). the obligatory character of the system of mediation introduced by the Covenant, and has safeguarded the effectiveness of this system. As regards the reply to the fifth question, I have no difficulty in accepting it. "As regards the reply to the fourth question, the Commission of Jurists has not indicated the cases in which coercive measures are legitimate or not. It is evident that the reply of the Commission might cover different opinions as to the legal character of certain coercive measures. In these circumstances my Government would have liked this question to be referred to the Permanent Court of International Justice in order that a clearer opinion might be obtained on this extremely important and very delicate problem. "As, however, this suggestion has not been favourably received by my colleagues, I declare, in accordance with my instructions, that my Government maintains in its integrity the interpretation of the Covenant on this subject, which was supported by me during the previous session of the Council, and that it therefore continues to be of opinion that the use of armed forces is not compatible with the Covenant in the circumstances indicated in the fourth question. I accept the fourth reply subject to this declaration." The British representative was doubtful whether the Permanent Court of International Justice would be able to make any more satisfactory answer to the fourth question than that made by the Jurists. He expressed his view of the great value of the Jurists' answers. There was, moreover, general agreement among the members of the Council that the answers on the whole were satisfactory and should be accepted. They felt that the answers constituted a valuable contribution to the interpretation of the Covenant, and that they would serve to strengthen the authority of the League in the future. The Council, therefore, while leaving it open to any representative to place on record any special declaration or state ment of his views, agreed unanimously to adopt the report of the Commission of Jurists, and to express their appreciation of the services which they had rendered. It is a matter of particular satisfaction to be able to quote the following statesmanlike declaration made by the representative of Italy in the course of the discussion: "I adhere to the proposal that the Council should approve as a whole the conclusions of the Special Commission of Jurists. As far as I am concerned, I do not wish to make any declaration or reservation. The Royal Government of Italy and the delegate who has the honour personally to represent the Royal Government hope that this attitude may be regarded as a proof of their loyal adhesion to the essential principles of the Covenant, and of their desire that the League of Nations shall develop still further its beneficent activities with the object of maintaining the best possible relations between civilized peoples, and of assuring the peace of the world." |