¹ It is the desire of the writer to present so far as is possible in respect of the Italo-Ethiopian dispute an objective analysis of the procedure before the League of Nations. One unavoidable consideration will, however, appear to give to this analysis precisely that partisanship which it has been hoped to avoid. Considerable emphasis will be placed on the point of view defended by Ethiopia for the simple reason that the participation of the other party to the dispute in the procedure before the League of Nations was reduced to a strict minimum, the representative of that party in the majority of situations either denying the competence of League or of allied organs, or absenting himself from the discussions which took place before such organs.

² Nov. 12, 1935, Ethiopian victory of Enderta ; Dec. 19, Italian withdrawal along the Taccaze ; Dec. 30, Mussolini declares “Every war, especially a colonial war, has its indispensable pauses”; Jan. 20 to Feb. 1, 1936, battle in the Tembien (Abbi Addi), which resulted in an Ethiopian victory. The one Italian advance during this period took place at the end of January, 1936, on the southern front from Dolo northward about 200 kilometers to Warders.

³ League of Nations Official Journal, 1935, p. 274.

⁴ League of Nations Official Journal, 1935, p. 252.

⁵ Ibid.

⁶ Ibid., p. 162.

⁷ Ibid., p. 163.

⁸ Ibid.

⁹ Notes of the Ethiopian Government of March 16 and 17. League of Nations Official Journal, 1935, pp. 571–572.

¹⁰ Ibid., p. 573.

¹¹ Cf. von Nostitz-Wallwitz, “Die Brattoicklung des Abessinienkonfliktes bis zum Beginn der Sanktionen,” Zeitschrift für auslandisches öffentliches Recht and Völkkerrecht (1936), Vol. 6, No. 3, p. 523.

¹² League of Nations Official Journal, 1935, p. 576.

¹³ Ibid., pp. 577–578.

¹⁴ 129 British and Foreign State Papers, p. 2. “I due Governi si impegnano a sottoporre ad una procedure di conciliazione o di arbitrato is questioni che sorgeranno tra di loco e che non abbiano potato mere risolte con i normali mezzi diplomatici, senza aver ricorso alla forza dells armi. Tra i due Governi di comune accordo earanno scambiate note circa it mode di scegliere gli arbitri.” 124 Martens, Recueil ($e Serie), Vol. 28, p. 341.

¹⁵ Cf. statement by Aloisi, Council, May 25, League of Nations Official Journal, 1935, p. 641.

¹⁶ In point of fact, the Commission established in accordance with Article 5 operated as a Commission of Arbitration rather than as a Commission of Conciliation. “De la conciliation,” stated one of the arbitrators, “nous retiendrons aeulement qu’accordant a l’arbitrage, avec is souplesse is plus grande, les facilites les plus larger, it sera conduit a sa fin de justice dans l’esprit de pair le plus amical.” Cited in La Pradelle, Le Conflit Italo-Ethiopien (Editions Internationales, Paris, 1936), p. 171.

¹⁷ League of Nations Official Journal, 1935, pp. 546–550.

¹⁸ League of Nations Official Journal, 1935, pp. 720–723.

¹⁹ Ibid., pp. 639–642.

²⁰ To be noted is the Ethiopian proposal of June 19 for the dispatch of neutral observers to examine into Italian military activities along Ethiopian frontiers. League of Nations Official Journal, 1935, pp. 972–973.

²¹ Cf. Le Temps, July 3, 1935; Ibid., July 19.

²² Cf. La Pradelle, op. cit., pp. 167–610.

²³ Is League of Nations Official Journal, 1935, pp. 967–968.

²⁴ Cf. La Pradelle, op. cit., pp. 438–443.

²⁵ Printed in this JOURNAL, Vol. 29 (1935), p. 690.

²⁶ League of Nations Official Journal, 1935, pp. 1133–1134.

²⁷ Ibid., p. 1355 et seq. Cf. also p. 1135.

²⁸ Ibid., p. 1145.

²⁹ League of Nations Official Journal, 1935, Spl. Supp., No. 138, p. 51. Cf. also, supra, p. 620, note 20, the request made by the Ethiopian Government on June 19.

³⁰ Ibid., pp. 49–50.

³¹ League of Nations Official Journal, 1935, p. 1622.

³² League of Nations Official Journal, 1935, pp. 1620–1621.

³³ According to the Committee, its proposals were based upon the obligation to respect the independence, territorial integrity, and security of all states members of the League and on the necessity of assuring good relations between such members. Ibid., p. 1621.

³⁴ Ibid., pp. 1621–1624.

³⁵ Le Temps, Sept. 22, 1935.

³⁶ League of Nations Official Journal, 1935, p. 1626.

³⁷ Cf. speech by Secretary of State for Foreign Affairs Eden before the House of Commons on Feb. 24, 1936, in respect of theReport of the Committee of Five: “ … in the view of His Majesty’s Government that Report still represents the basis upon which any further attemptsat conciliation should be made … I am sure that there would be no hesitation among their [Italy’s and Ethiopia’s] fellow members in agreeing that the machinery of the Committee of Five is still available.” 309 Parl. Deb., pp. 81–82.

³⁸ League of Nations Official Journal, 1935, p. 1201.

³⁹ Ibid.

⁴⁰ Ibid., p. 1603.

⁴¹ League of Nations Official Journal, 1935, pp. 1605–1619. “Any solution of the problem of Italo-Ethiopian relations had to be founded on the respect due to the independence, territorial integrity and security of all the States members of the League.” (p. 1619.)

⁴² League of Nations Official Journal, 1935, p. 1223.

⁴³ The president stated at that time: “I take note that fourteen Members of the League of Nations represented on the Council consider that we are in presence of a war begun in disregard of the obligations of Article 12 of the Covenant.” Ibid., p. 1226. The Italian representative requested a further delay to enable him to get into touch with his government. This request was refused by the president of the Council in view of the urgency of a decision. The president observed: “However anxious the members of the Council may be courteously to take account of the convenience of one of their colleagues, they cannot allow that anxiety to take precedence over a primary duty.” Ibid., p. 1225.

⁴⁴ Ibid., Spl. Supp., No. 138, p. 113.

⁴⁵ League of Nations Official Journal, 1935, p. 1226.

⁴⁶ Ibid., Spl. Supp., No. 138, pp. 113–114.

⁴⁷ Cf. League of Nations Official Journal, Spl. Supp., No. 145, pp. 14–27.

⁴⁸ Although by an identic note addressed on Nov. 12 to the states members of the Committee of Eighteen, the Italian Government protested against the application of sanctions to Italy, it subsequently denied having issued a statement to the effect that an embargo on petroleum would be considered an act of hostility. In the view of the Italian Government such an embargo was rather to be considered as a distinctly unfriendly gesture. Le Temps, Dec. 1, 1935.

⁴⁹ During the week of Oct. 25 there appeared in the press statements concerning Italian desiderata in respect of a solution to the conflict. Cf. Giornale d’Italia, Oct. 25;Le Temps, Oct. 26, 1935.

⁵⁰ League of Nations Official Journal, Spl. Supp., No. 146, p. 8.

⁵¹ League of Nations Official Journal, Spl. Supp., No. 146, p. 9.

⁵² See the statements by the representatives of Switzerland and Peru at the meeting on Oct. 31. At that time the representative of Spain, M. de Madariaga, called attention to the fact that the Committee of CoOrdination could grant no such mandate, as did also the representative of Poland. The Committee itself did not proceed to a vote upon the proposition of the Belgian delegate, the chairman, Vasconcellos, merely stating: “I feel I am speaking for the Committee in saying that the Members of the League assembled in this Committee note the hope expressed by the first delegate of Belgium and give it their full approval.” The Chancellor of the Exchequer, Neville Chamberlain, stated on Dec. 19: “… the discussions between the officials in Paris were undertaken in pursuance of that mission which had been entrusted to our two Governments by the League itself. … It was suggested in a Committee of the League—the League knew that this task was to be undertaken by the two Governments, and the League approved of it.” 307 Parl. Deb., p. 2113.

⁵³ White Paper, Cmd. 5044, p. 14.

⁵⁴ League of Nations Official Journal, 1936, p. 42.

⁵⁵ Cf. White Paper, Cmd. 5044, pp. 13 and 14.

⁵⁶ League of Nations Official Journal, 1936, p. 14.

⁵⁷ A further argument was to the effect that inasmuch as the League had already in time of peace granted financial assistance to Danubian countries, it could a fortiori grant such assistance to a victim of aggression.

⁵⁸ League of Nations Official Journal, 1936, p. 258.

⁵⁹ League of Nations Official Journal, 1936, p. 106.

⁶⁰ League of Nations Official Journal, 1936, Spl. Supp., No.148, p. 9.

⁶¹ Marshal Badoglio was reported at that time to have declared, “Ce n’esi plus la guerre, c’est la chasse.”

⁶² League of Nations Official Journal, 1936 ,Spl.Supp.,No.149,pp.10–13.

⁶³ League of Nations Official Journal, 1936 ,p. 395.

⁶⁴ League of Nations Official Journal, 1936,p.395. Likewise, the Italian Government in its note did not allude to the eventuality of an armistice.

⁶⁵ League of Nations Official Journal, 1936,Spl.Supp., No.151, p.20.

⁶⁶ League of Nations Official Journal, 1936, pp.396–398.

⁶⁷ League of Nations Official Journal, 1936, pp.398–400.

⁶⁸ Note from the Ethiopian delegation, April 16, League of Nations Official Journal, 1936, pp.401–403.

⁶⁹ Ibid., pp. 359–373.

⁷⁰ The Council did not meet to discuss the Ethiopian question until July 4, after the close of the Assembly.

⁷¹ League of Nations Official Journal, 1936, p. 378. In his speech before the House of Commons on Feb. 24 the British Secretary of State for Foreign Affairs declared in part as follows: “I can assure the House that it remains the policy of His Majesty’s Government to maintain steady collective resistance to aggression and that they will be guided in their task by the spirit of the Covenant itself. There will be neither weakness nor wavering in this course until peace is signed.”309 Parl.Deb.,p.80.

⁷² London Times, May 15, 1936.

⁷³ Address before the Nineteen Hundred Club, Ibid., June 11,1936.

⁷⁴ Statement by Secretary of State for Foreign Affairs, House of Commons, Parl. Deb., House of Commons, Vol.313, p. 1201.

⁷⁵ Le Temps,June 20,1936.

⁷⁶ League of Nations Official Journal,Spl.Supp.,No.151,p.34.

⁷⁷ In reply to this argument Mr. Te Water stated: “Did the fifty nations, when they solemnly bound themselves to collective action under the Covenant of the League, make the successful resistance of Ethiopia a condition precedent to the fulfillment of their collective obligation?…My Government…can find no new factor in the present situation which did not, in fact, or potentially, exist when it announced its decision from this place to honour its obligations and to participate in collective action against the aggressor nation. On the contrary, the destruction of Ethiopian sovereignty by Italy and the annexation of the territory of a country which at no time menaced the safety of Italy creates now the exact state of affairs which this League was designed to avoid, and which we are all still pledged to prevent by every agreed means in our power, and to refuse to acknowledge.” League of Nations Official Journal, Spl. Supp.,No. 151, p. 33.

⁷⁸ Ibid., p. 60.

⁷⁹ Ibid., p. 52.

⁸⁰ League of Nations Official Journal, Spl. Supp., No.151,p. 65. Cf. supra, p. 629.

⁸¹ Ibid., Spl. Supp., No. 151, p. 66.

⁸² League of Nations Official Journal, 1936, p. 769.

⁸³ It will be recalled that the Committee of Coürdination was established on Oct. 11, 1935, the day after the adoption by the Assembly of a recommendation proposing the creation of such an organ. On that same day the Coürdination Committee adopted a resolution establishing a Committee of Eighteen which, in less than three weeks’ time, had devised and adopted proposals in conformity with Article 16 of the Covenant.

⁸⁴ Cf. statement by delegate of Portugal before the 16th Assembly on Sept. 14, 1935: “For my part, I must say that there is one thing I loathe even more than war, and that is spoliation by procedure.” League of Nations Official Journal, 1935, Spl. Supp., No. 138, p. 71.

⁸⁵ Cf. statement by Sir Samuel Hoare, House of Commons, Dec. 19, 1935: “I have been terrified with the thought—I speak very frankly to the House—that we might lead Abyssinia on to think that the League could do more than it can do, that in the end we should find a terrible moment of disillusionment in which it might be that Abyssinia would be destroyed altogether as an independent State.” 307 Parl. Deb., p. 2013.