Article X Of The Covenant Of The League Of Nations
   HOME

TheInfoList



OR:

The Covenant of the League of Nations was the
charter A charter is the grant of authority or rights, stating that the granter formally recognizes the prerogative of the recipient to exercise the rights specified. It is implicit that the granter retains superiority (or sovereignty), and that the rec ...
of the League of Nations. It was signed on 28 June 1919 as Part I of the Treaty of Versailles, and became effective together with the rest of the Treaty on 10 January 1920.


Creation

Early drafts for a possible League of Nations began even before the end of the First World War. The London-based
Bryce Group The Bryce Group was a loose organisation of British Liberal Party (UK), Liberal Party members which was devoted to studying international organisation. The organization was the first to fully flesh out a blueprint for a League of Nations and organiz ...
made proposals adopted by the British
League of Nations Society The League of Nations Society was a political group devoted to campaigning for an international organisation of nations, with the aim of preventing war. The society was founded in 1915 by Baron Courtney and Willoughby Dickinson, both members of t ...
, founded in 1915. Another group in the United States—which included
Hamilton Holt Hamilton Holt (August 18, 1872 – April 26, 1951) was an American educator, editor, author and politician. Biography Holt was born on August 18, 1872 in Brooklyn, New York City to George Chandler Holt and his wife Mary Louisa Bowen Holt. His fat ...
and
William B. Howland William Bailey Howland (1849–1917), was the editor of '' The Outlook'', publisher of ''The Independent'' and ''The Countryside Magazine'', and president of the Independent Corporation. He was a member of the American Peace Centenary Committee. H ...
at the
Century Association The Century Association is a private social, arts, and dining club in New York City, founded in 1847. Its clubhouse is located at 7 West 43rd Street near Fifth Avenue in Midtown Manhattan. It is primarily a club for men and women with distinction ...
in New York City—had their own plan. This plan was largely supported by the
League to Enforce Peace The League to Enforce Peace was a non-state American organization established in 1915 to promote the formation of an international body for world peace. It was formed at Independence Hall in Philadelphia by American citizens concerned by the outbr ...
, an organization led by former
U.S. President The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United States ...
William Howard Taft. In December 1916, Lord
Robert Cecil Robert Cecil may refer to: * Robert Cecil, 1st Earl of Salisbury (1563–1612), English administrator and politician, MP for Westminster, and for Hertfordshire * Robert Cecil (1670–1716), Member of Parliament for Castle Rising, and for Wootton Ba ...
suggested that an official committee be set up to draft a covenant for a future league. The British committee was finally appointed in February 1918; it was led by
Walter Phillimore Walter George Frank Phillimore, 1st Baron Phillimore, (21 November 1845 – 13 March 1929), known as Sir Walter Phillimore, 2nd Baronet, from 1885 to 1918, was a British lawyer and judge. Biography Phillimore was the son of Sir Robert Phillimo ...
(and became known as the Phillimore Committee) but also included
Eyre Crowe Sir Eyre Alexander Barby Wichart Crowe (30 July 1864 – 28 April 1925) was a British diplomat, an expert on Germany in the Foreign and Commonwealth Office. He is best known for his vehement warning, in 1907, that Germany's expansionism was mot ...
, William Tyrrell, and Cecil Hurst. U.S. President Woodrow Wilson was not impressed with the Phillimore Committee's report, and would eventually produce three draft covenants of his own with help from his friend Colonel House. Further suggestions were made by Jan Christiaan Smuts in December 1918. At the
Paris Peace Conference Agreements and declarations resulting from meetings in Paris include: Listed by name Paris Accords may refer to: * Paris Accords, the agreements reached at the end of the London and Paris Conferences in 1954 concerning the post-war status of Germ ...
in 1919, a commission was appointed to agree on a covenant. Members included Woodrow Wilson (as chair), Colonel House (representing the U.S.), Robert Cecil and Jan Smuts (British Empire),
Léon Bourgeois Léon Victor Auguste Bourgeois (; 21 May 185129 September 1925) was a French statesman. His ideas influenced the Radical Party regarding a wide range of issues. He promoted progressive taxation such as progressive income taxes and social insuran ...
and Ferdinand Larnaude (France), Prime Minister Vittorio Orlando and Vittorio Scialoja (Italy), Foreign Minister
Makino Nobuaki Count was a Japanese politician and imperial court official. As Lord Keeper of the Privy Seal of Japan, Makino served as Emperor Hirohito’s chief counselor on the monarch’s position in Japanese society and policymaking. In this capacity, he ...
and Chinda Sutemi (Japan), Paul Hymans (Belgium), Epitácio Pessoa (Brazil), Wellington Koo (China), Jayme Batalha Reis (Portugal), and Milenko Radomar Vesnitch (Serbia). Further representatives of Czechoslovakia, Greece, Poland and Romania were later added. The group considered a preliminary draft co-written by Hurst and President Wilson's adviser
David Hunter Miller David Hunter Miller (1875–1961) was a US lawyer and an expert on treaties who participated in the drafting of the covenant of the League of Nations. He practiced law in New York City from 1911 to 1929; served on the Inquiry, a body of expert ...
. During the first four months of 1919 the group met on ten separate occasions, attempting to negotiate the exact terms of the foundational Covenant agreement for the future League. During the ensuing negotiations various major objections arose from various countries. France wanted the League to form an international army to enforce its decisions, but the British worried such an army would be dominated by the French, and the Americans could not agree as only Congress could declare war. Japan requested that a clause upholding the principle of racial equality should be inserted, parallel to the existing
religious equality Freedom of religion or religious liberty is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance. It also includes the freedom ...
clause. This was deeply opposed, particularly by American political sentiment, while Wilson himself simply ignored the question. During a certain interval while Wilson was away, the question of international equality was raised once again. A vote on a motion supporting the "equality of nations and the just treatment of their nationals" was made, and was supported by 11 of the 19 delegates. Upon Wilson's return he declared that "serious objections" by other delegates had negated the majority vote, and the amendment was dismissed. Finally on April 11, 1919, the revised Hurst-Miller draft was approved, but without fully resolving certain questions as had been brought forth regarding matters such as national equality, racial equality, and how the new League might be able to practically enforce its various mandates. The new League would include a General Assembly (representing all member states), an Executive Council (with membership limited to major powers), and a permanent secretariat. Member states were expected to "respect and preserve as against external aggression" the territorial integrity of other members, and to disarm "to the lowest point consistent with domestic safety". All states were required to submit complaints for
arbitration Arbitration is a form of alternative dispute resolution (ADR) that resolves disputes outside the judiciary courts. The dispute will be decided by one or more persons (the 'arbitrators', 'arbiters' or 'arbitral tribunal'), which renders the ' ...
or
judicial inquiry A tribunal of inquiry is an official review of events or actions ordered by a government body. In many common law countries, such as the United Kingdom, Ireland, Australia and Canada, such a public inquiry differs from a royal commission in that ...
before going to war. The Executive Council would create a Permanent Court of International Justice to make judgements on the disputes. The treaty entered into force on 10 January 1920. Articles 4, 6, 12, 13, and 15 were amended in 1924. The treaty shares similar provisions and structures with the UN Charter.


Article X

Article X of the Covenant of the League of Nations obliged members of the League "to respect and preserve as against external
aggression Aggression is overt or covert, often harmful, social interaction with the intention of inflicting damage or other harm upon another individual; although it can be channeled into creative and practical outlets for some. It may occur either reacti ...
the territorial integrity and existing political independence of all Members of the League". It was noted that a League of Nations member was not bound to assist a fellow member in combating internal secessionists, but also meant that no country should provide assistance to such rebels. It was also understood that if any member or non-member of the League was defeated while undertaking an aggressive war, the Covenant did not protect that defeated party against the consequence of a loss of territory and political independence (e.g., the Soviet Union's
annexation Annexation (Latin ''ad'', to, and ''nexus'', joining), in international law, is the forcible acquisition of one state's territory by another state, usually following military occupation of the territory. It is generally held to be an illegal act ...
of the northern part of East Prussia from Nazi Germany after World War II). U.S. President Woodrow Wilson had secured his proposal to apply to become part of the League of Nations in the final draft of the Treaty of Versailles, but the United States Senate refused to consent to the ratification of the Treaty. For many Republicans in the Senate, Article X was the most objectionable provision. Their objections were based on the fact that, by ratifying such a document, the United States would be bound by an international contract to defend a League of Nations member if it was attacked. Henry Cabot Lodge from Massachusetts and Frank B. Brandegee from Connecticut led the fight in the U.S. Senate against ratification, believing that it was best not to become involved in international conflicts. Under the
United States Constitution The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven ar ...
, the President of the United States may not ratify a treaty unless the Senate, by a two-thirds vote, gives its advice and consent. In fact, the intent of Article X was to preserve a balance of power by preventing one country from invading another (e.g. Germany invading Belgium and France); it did not take away the right of the United States to wage war.


Article XXII

Article XXII referred to the creation of Mandate territories, which were given over to be administered by European powers. Though most Mandates were given to countries such as Britain and France, which possessed considerable colonial empires, the Covenant made the clear distinction that a Mandate territory was not a colony. The Covenant asserted that such territories were "inhabited by peoples not yet able to stand by themselves under the strenuous conditions of the modern world" and so "the tutelage of such peoples should be entrusted to advanced nations who by reason of their resources, their experience or their geographical position can best undertake this responsibility" as "a sacred trust of civilization". Mandate territories were sorted into several sub-categories: * "Communities formerly belonging to the Turkish Empire" were considered "to have reached a stage of development where their existence as independent nations could be provisionally recognized" and the Mandatory powers were charged with "rendering administrative advice and assistance until such time as they are able to stand alone". * Regarding "Other peoples, especially those of Central Africa" the Mandatory powers were charged to "guarantee freedom of conscience and religion, subject only to the maintenance of public order and morals, the prohibition of abuses such as the slave trade, the arms traffic and the liquor traffic, and the prevention of the establishment of fortifications or military and naval bases and of military training of the natives for other than police purposes and the defence of territory", and no mention was made of any eventual independence. * With regard to "Territories, such as South-West Africa and certain of the South Pacific Islands", they were assumed "owing to the sparseness of their population, or their small size, or their remoteness from the centres of civilisation, or their geographical contiguity to the territory of the Mandatory, and other circumstances" to be "best administered under the laws of the Mandatory as integral portions of its territory, subject to the safeguards above mentioned in the interests of the indigenous population". The reference to "geographical contiguity to the territory of the Mandatory" clearly related to
South-West Africa South West Africa ( af, Suidwes-Afrika; german: Südwestafrika; nl, Zuidwest-Afrika) was a territory under South African administration from 1915 to 1990, after which it became modern-day Namibia. It bordered Angola (Portuguese colony before 1 ...
(now Namibia) being made a Mandate of South Africa, rather than of Britain.


See also

* Charter of the United Nations * General Act for the Pacific Settlement of International Disputes *
Peace treaty A peace treaty is an agreement between two or more hostile parties, usually countries or governments, which formally ends a state of war between the parties. It is different from an armistice, which is an agreement to stop hostilities; a surr ...
* Treaty series


References


External links


The Covenant of the League of Nations
from the
Yale Avalon Project The Avalon Project is a digital library of documents relating to law, history and diplomacy. The project is part of the Yale Law School Lillian Goldman Law Library. The project contains online electronic copies of documents dating back to the be ...

Primary Documents: Covenant of the League of Nations, 1919–24
fro
FirstWorldWar.com
{{DEFAULTSORT:Covenant Of The League Of Nations Treaties concluded in 1919 Treaties entered into force in 1920 League of Nations Treaties of Argentina Treaties of Belgium Treaties of Bolivia Treaties of the First Brazilian Republic Treaties of the United Kingdom (1801–1922) Treaties of Australia Treaties of Canada Treaties of the Union of South Africa Treaties of Chile Treaties of the Republic of China (1912–1949) Treaties of Colombia Treaties of Cuba Treaties of Czechoslovakia Treaties of Denmark Treaties of El Salvador Treaties of the French Third Republic Treaties of Haiti Treaties of Honduras Treaties of the Kingdom of Italy (1861–1946) Treaties of the Empire of Japan Treaties of Liberia Treaties of the Netherlands Treaties of Nicaragua Treaties of Norway Treaties of Panama Treaties of Paraguay Treaties of Peru Treaties of the Second Polish Republic Treaties of the Kingdom of Romania Treaties of Thailand Treaties of Spain under the Restoration Treaties of Sweden Treaties of Switzerland Treaties of Uruguay Treaties of Venezuela Treaties of the Kingdom of Yugoslavia Treaties of the Qajar dynasty League of Nations Treaties of the Kingdom of Bulgaria Treaties of Costa Rica Treaties of Finland Treaties of Luxembourg Treaties of the First Austrian Republic Treaties of Estonia Treaties of Latvia Treaties of Lithuania Treaties of the Irish Free State Treaties of the Ethiopian Empire Treaties of the Dominican Republic Treaties of the Weimar Republic Treaties of Mexico Treaties of Turkey Treaties of the Kingdom of Iraq Treaties of the Soviet Union Treaties of the Kingdom of Afghanistan Treaties of Ecuador Treaties of the Kingdom of Egypt Treaties of the Principality of Albania Treaties of the Kingdom of Hungary (1920–1946) Treaties of British India League of Nations Paris Peace Conference (1919–1920) Jan Smuts