Statement by John J. Hearne to the Nineteenth Assembly of the League of Nations on reform of Article 16 of the Covenant of the League of Nations

Mr. President,
I desire to state as briefly as I can the views and policy of the Irish Government on the question before us, namely, the status of Article 16 of the Covenant in the relations between the members of the League.

The Government of Ireland desire to place on record their considered opinion that the provisions of the Article now impose no legal or moral obligation upon any member of the League to apply the system of sanctions therein referred to in any circumstances. They are satisfied that in the interest of the maintenance of the Covenant itself, the preservation of the League, and the acceptance of League principles by an increasing number of States in the future, the right of each of the member-States to decide for itself whether sanctions should or should not be applied by it ought to be placed beyond doubt. The policy of the Government of Ireland in the matter of its relations with all other States, as well members of the League as non-members, will be based upon the existence and recognition of that right. The Committee will appreciate that, in these circumstances, the Government of Ireland are unable to accept the view that the juridical effect of the Covenant in this regard remains unaltered. They would have preferred to see the whole question of military, economic and other sanctions reconsidered at the present juncture with a view to the conclusion of an agreement on the matter appropriate to the actual situation now existing. I am sure that a number of other delegations also would have considered such a course more satisfactory. The method of approach to the problem which the Committee have adopted is perhaps unavoidable but the result may give rise to misunderstanding hereafter. In any event, the Irish delegation desire that the position of Ireland in this matter should be placed beyond doubt. The effect of the present declaration will be that so far as that country is concerned, the obligatory character of the provisions of Article 16 is removed.

There is another and equally important aspect of this question on which the Irish delegation desire to make a further declaration. A number of definitions of aggression and of the aggressor have been formulated from time to time in certain instruments and in various memoranda and resolutions prepared and considered during the last eighteen years. The definition, however, which is relevant in the present connection is that contemplated by the terms of Article 16 itself. The legal notion of aggression for the purpose of Article 16 consisted in a resort to war by a Member of the League in disregard of its covenants under Articles 12, 13 or 15. My delegation do not feel called upon to enter into any discussion here on the relations between these various Articles and Article 16 itself or of the procedure heretofore followed or hereafter to be adopted for the determination of the aggressor. But they desire to place on record their view that, whatever the procedure, the determination of the aggressor by the appropriate organ of the League will not affect the exclusive right of the Government of Ireland to determine that question for themselves and will accordingly not involve that Government in any commitment or obligation either to consult or to take common action with the other members of the League on the basis only of the League's decision. This, of course, they regard as a principle which any other member of the League may apply in its own regard. I must, however, add that, while that principle will form an essential part of Irish national policy in this connection until a general system of collective security satisfactory to them is established, the Government of Ireland will not fail should occasion arise to consider their attitude to any State which they have determined to be an aggressor, in the light of their conception of the duty in all the circumstances of the case of an honourable member of international society.

The Irish delegation desire to have this statement placed on record with the other declarations made in the Committee and forwarded to the Assembly.