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APPENDIX No. II

A DRAFT OF THE COMPOSITE COVENANT MADE BY THE LEGAL ADVISERS OF THE COMMISSION ON THE LEAGUE

PRESENTED BY MR. LODGE

AUGUST 20, 1919-Ordered to be printed
Senate Doc. 74, 66 Cong. 1st Session

COVENANT

PREAMBLE

In order to secure international peace and security by the acceptance of obligations not to resort to the use of armed force, by the prescription of open, just, and honorable relations between nations, by the firm establishment of the understandings of international law as the actual rule of conduct among governments, and by the maintenance of justice and a scrupulous respect for all treaty obligations in the dealings of organized peoples with one another, and in order to promote international coöperation, the powers signatory to this covenant adopt this constitution of the league of nations.

ARTICLE 1

The action of the high contracting parties under the terms of this covenant shall be effected through the instrumentality of meetings of delegates representing the high contracting parties, of meetings at more frequent intervals of an executive council representing the States more immediately concerned in the matters under discussion, and of a permanent international secretariat to be established at the capital of the league.

ARTICLE 2

Meetings of the body of delegates shall be held from time to time as occasion may require for the purpose of dealing with matters within the sphere of action of the league.

Meetings of the body of delegates shall be held at the capital of the league or at such other place as may be found convenient and shall

consist of not more than two representatives of each of the high contracting parties.

An ambassador or minister of one of the high contracting parties shall be competent to act as its representative.

All matters of procedure at meetings of the body of delegates, including the appointment of committees to investigate particular matters, shall be regulated by the body of delegates and may be decided by a majority of those present at the meeting.

ARTICLE 3

The representatives of the States members of the league directly affected by matters within the sphere of action of the league will meet as an executive council from time to time as occasion may require.

The United States of America, Great Britain, France, Italy, and Japan shall be deemed to be directly affected by all matters within the sphere of action of the league. Invitations will be sent to any power whose interests are directly affected, and no decision taken at any meeting will be binding on a State which was not invited to be represented at the meeting.

Such meetings will be held at whatever place may be decided on, or failing any such decision at the capital of the league, and any matter affecting the interests of the league or relating to matters within its sphere of action or likely to affect the peace of the world may be dealt with.

ARTICLE 4

The permanent secretariat of the league shall be established at which shall constitute the capital of the league. The secretariat shall comprise such secretaries and staff as may be required, under the general direction and control of a chancellor of the league by whom they shall be appointed.

The chancellor shall act as secretary at all meetings of the body of delegates or of the executive council.

The expenses of the secretariat shall be borne by the States members of the league in accordance with the distribution among members of the Postal Union of the expenses of the International Postal Union.

ARTICLE 5

Representatives of the high contracting parties and officials of the league when engaged on the business of the league shall enjoy diplomatic privileges and immunities, and the buildings occupied by the

league or its officials or by representatives attending its meetings shall enjoy the benefits of extraterritoriality.

ARTICLE 6

Admission to the league of States who are not signatories of this covenant requires the assent of not less than two-thirds of the body of delegates.

No State shall be admitted to the league except on condition that its military and naval forces and armaments shall conform to standards prescribed by the league in respect of it from time to time.

ARTICLE 7

The high contracting parties undertake to respect and preserve as against external aggression the territorial integrity and existing political independence of all States members of the league.

ARTICLE 8

The high contracting parties recognize the principle that the maintenance of peace will require the reduction of national armaments to the lowest point consistent with domestic safety and the enforcement by common action of international obligations; and the executive council shall formulate plans for effecting such reduction. It shall also inquire into the feasibility of abolishing compulsory military service and the substitution therefor of forces enrolled upon a voluntary basis and into the military and naval equipment which it is reasonable to maintain.

The high contracting parties further agree that there shall be full and frank publicity as to all national armaments and military or naval programs.

ARTICLE 9

Any war or threat of war, whether immediately affecting any of the high contracting parties or not, is hereby declared a matter of concern to the league and the high contracting parties reserve the right to take any action that may be deemed wise and effectual to safeguard the peace of nations.

It is hereby also declared and agreed to be the friendly right of each of the high contracting parties to draw the attention of the body of delegates or of the executive council to any circumstances anywhere which threaten to disturb international peace or the good understanding between nations upon which peace depends.

ARTICLE 10

The high contracting parties agree that should disputes arise between them which can not be adjusted by the ordinary processes of diplomacy, they will in no case resort to armed force without previously submitting the questions and matters involved either to arbitration or to inquiry by the executive council, and until three months after the award by the arbitrators or a recommendation by the executive council; and that they will not even then resort to armed force as against a member of the league which complies with the award of the arbitrators or the recommendation of the executive council.

ARTICLE 11

The high contracting parties agree that whenever any dispute or difficulty shall arise between them which they recognize to be suitable for submission to arbitration and which can not be satisfactorily settled by diplomacy, they will submit the whole subject matter to arbitration and will carry out in full good faith any award or decision that may be rendered.

ARTICLE 12

The executive council will formulate plans for the establishment of a permanent court of international justice and this court will be competent to hear and determine any matter which the parties recognize as suitable for submission to it for arbitration under the foregoing article.

ARTICLE 13

If there should arise between States members of the league any dispute likely to lead to a rupture, which is not submitted to arbitration as above, the high contracting parties agree that they will refer the matter to the executive council; either party to the dispute may give notice to the chancellor of the existence of the dispute, and the chancellor will make all necessary arrangements for a full investigation and consideration thereof. For this purpose the parties agree to communicate to the chancellor statements of their case, with all the relevant facts and papers.

Where the efforts of the council lead to the settlement of the dispute a statement shall be prepared for publication indicating the nature of the dispute and the terms of settlement, together with such explanations as may be appropriate. If the dispute has not been settled a report by the council shall be published, setting forth with all

necessary facts and explanations, the recommendations which the council think just and proper for the settlement of the dispute. If the report is unanimously agreed to by the members of the council, other than the parties to the dispute, the high contracting parties agree that none of them will go to war with any party which complies with its recommendations. If no such unanimous report can be made it shall be the duty of the majority to issue a statement indicating what they believe to be the facts and containing the recommendations which they consider to be just and proper.

The executive council may in any case under this article refer the dispute to the body of delegates. The dispute shall be so referred at the request of either party to the dispute. In any case referred to the body of delegates all the provisions of this article relating to the action and powers of the executive council shall apply to the action and powers of the body of delegates.

ARTICLE 14

Should any of the high contracting parties be found by the league to have broken or disregarded its covenants under Article X it shall thereby ipso facto be deemed to have committed an act of war against all the other members of the league, which shall immediately subject it to the severance of all trade or financial relations, the prohibition of all intercourse between their nationals and the nationals of the covenantbreaking State, and the prevention, so far as possible, of all financial, commercial, or personal intercourse between the nationals of the covenant-breaking State and the nationals of any other State, whether a member of the league or not.

It shall be the duty of the executive council in such a case to recommend what effective military or naval force the members of the league shall severally contribute to the armed forces to be used to protect the covenants of the league.

The high contracting parties agree, further, that they will mutually support one another in the financial and economic measures which are taken under this article in order to minimize the loss and inconvenience resulting from the above measures, and that they will mutually support one another in resisting any special measures aimed at one of their number by the covenant-breaking State, and that they will afford passage through their territory to the forces of any of the high contracting parties who are coöperating to protect the covenants of the league.

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