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The Wal Wal Arbitration

Published online by Cambridge University Press:  12 April 2017

Pitman B. Potter
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Extract

The arbitration between Ethiopia and Italy, concerning the armed clash which occurred at Wal Wal, in the Ogaden, on December 5–6,1934, offers a number of interesting aspects to the student of international adjudication, and, indeed, to the student of international organization and procedure in general. In addition, the case should be recorded as such and for what it is worth while the materials are still available and while personal recollections of the incident are fresh.

Type
Research Article
Information
American Journal of International Law , Volume 30 , Issue 1 , January 1936 , pp. 27 - 44
Copyright
Copyright © American Society of International Law 1936

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References

1 Also spelled Oual Oual, specially by the French.

2 The terms arbitration and adjudication are here used as synonymous, but are distinguished sharply from conciliation.

3 Including, in addition to League documents, the documents of the Arbitration Commission.

4 It is intended to print the documentary matter in full, together with the present text, revised and expanded, in a short volume to be published soon; unpublished documents will be cited below for information only.

5 Use has been made here of materials incorporated in an article published in the New Commonwealth Quarterly, Vol. 1, No. 3.

6 On location of Wal Wal in Ethiopia see, further, below, at note 65.

7 Here, as elsewhere this expression means native troops under Italian command; see below, at notes 12–18, 51.

8 Ethiopian version: League Document C.49.M.22.1935.VII, p. 2; Italian version: unpublished Mémoire du Gouvernement Italien, dated June 21,1935, p. 7. Further statement of Ethiopian case in C.230.M.114.1935.VII.

9 Testimony of Italian officers at Bern (see below, at note 51) ; see Decision of the Arbitration Commission, ¶ 15, in C.332.M.169.1935.VII, p. 4. Also this Journal, Vol. 29 (1935), p. 692.

10 Same.

11 Italian Mémoire, pp. 7, 14.

12 Note 8, above.

13 See note 7, above.

14 Letter signed by Col. Clifford (British) in C.49.1935, p. 17; also decision ¶ 26; this Journal, ibid., p. 694.

15 Italian Mémoire, pp. 8, 9.

16 Same, appendices, especially Annex 18.

17 At points, only a few meters; map in C.49, p. 20, and testimony of Italian officers.

18 Decision, ¶¶ 28, 32; this Journal, ibid., pp. 694 and 695.

19 C.49, pp. 7–8, 9: Annexes 2/1, 2/2, 2/5.

20 Same, pp. 8-9, 10: Annexes 2/3, 2/4, 2/6.

21 C.49, p. 9.

22 Text in League of Nations Treaty Series, Vol. XCIV, p. 413.

23 C.49, p. 11: Annex 2/8.

24 Same, Annex 2/9. Text of Article XI, ¶ 2: It is also declared to be the friendly right of each member of the League to bring to the attention of the Assembly or of the Council any circumstance whatever affecting international relations which threatens to disturb international peace or the good understanding between nations upon which peace depends.

25 League of Nations Council Minutes, Jan. 17, 1935, § 3530.

26 Council Minutes, Jan. 19, § 3553.

27 C.126.M.64.1935.VII, Article XV, ¶1: If there should arise between members of the League any dispute likely to lead to a rupture, which is not submitted to arbitration or judicial settlement in accordance with Article 13, the members of the League agree that they will submit the matter to the Council. Any party to the dispute may effect such submission by giving notice of the existence of the dispute to the Secretary-General, who will make all necessary arrangements for a full investigation and consideration thereof.

28 C.132.M.69.1935.VII.

29 C.148.M.79.1935.VII.

30 C.157.M.86.1935.VII.

31 Council Minutes, April 15, § 3562.

32 C.183.M.101.1935.VII, C.220.M.112.1935.VII, C.230.M.114.1935.VII.

33 Council Minutes, May 25 § 3695.

34 C.236.M.115.1935.VII and C.238.M.117.1935.VII.

35 Procès-verbaux, Nos. 1, 2.

36 Procès-verbaux, No. 3 s.

37 Verbatim Records, No. 1.

38 C.272.M.139.1935.VII.

39 League of Nations Information Section, No. 7435 (July 19, 1935).

40 C.279.M.176.1935.VII.

41 C.282.M.149.1935.

42 Information Section, No. 7440 (July 26); C.284.M.151.1935, § 3.

43 C.283.M.150.1935.

44 C.285.M.152.1935.VII.

45 Council Minutes, July 31, § 3604.

46 Same, Aug. 3, § 3605.

47 Remarks of Jèze and Aloisi at Coimcil meeting of May 25, pp. 2–4.

48 Procès-verbaux of even date.

49 See texts in Le Temps, Aug. 22, p. 1.

50 Letter to Mr. Politis; acceptance by him.

51 Proès-verbaux.

52 C.332.M.169.1935.VII.

53 “ My italics.

54 Same.

55 E.g., in Resolution No. 1 of May 25. C.236.M.115.1935.VII, § 5.

56 Same, §§ 2 and 3.

57 Letters exchanged by Tafari Makonnen, Regent, and Giuliano Cora, Italian Minister, at Addis Abbaba, printed in article cited, above, note 5.

58 Quotation in Journal des Nations, May 24, p. 7.

59 § 4.

60 Procès-verbaux.

61 Report of Mr. Politis: League Documents of the Conference for the Reduction and Limitation of Armaments, Series B, Minutes of the General Commission, Vol. II, p. 501.

62 Journal des Nations, May 18, 1935, p. 1.

63 As one member of the Commission put it, taking note of the fact that Wal Wal was in Ethiopia was no more a discussion of the Ethiopian-Somaliland frontier than saying that Paris is in France is to discuss the Franco-Belgian frontier.

64 C.332.M.169.1935.VII, pp. 5–10. This Journal, Vol. 29 (1935), p. 690.

65 C.230(1)M.114.(1).1935.VII, p. 2, §6 (b).

66 E.g., the letter of the Italian Minister at Addis Abbaba to the Foreign Minister on Jan. 18, 1929: ‘‘By order of my Government I have the honor to inform your Excellency that in the month of December certain bands of pillagers from British Somaliland, having entered Ethiopian territory and joined forces with individuals belonging to tribes subject to the Ethiopian Government, in the locality of Wal Wal, advanced toward Italian Somaliland and penetrated into our territory near the Uebi Schebeli river carrying out a raid there.” (My trans.)

67 E.g., Appendix 2/46 to C.230(1).M.114.(1).1935.VII.

68 Annexes 2/3 and 2/6 to C.49.M.22.1935.VII.

69 Same, Annex 2/5.

70 Council Minutes, Sept. 4,