THE LEAGUE OF NATIONS
RESOLUTION AND REPORT
ON
THE SINO-JAPANESE DISPUTE
ADOPTED IN
SEPTEMBER, 1938
TABLE OF CONTENTS
Page.
1. Resolution Adopted by the Council on September 29th, 1938 ..........................1
2. Repirt Adooted by the Council on September 30th 1938 ...........................2
Ⅰ. RESOLUTION ADOPTED BY THE COUNCIL ON SEPTEMBER 29TH, 1938.
The Council,
Having regard to the second part of its resolution adopted on May 14th, 1938, which recalled that the use of toxic gases is a method of war condemned by international law, which cannot failed, should resort be had to it, to meet with the reprobation of the civilized world, and requests the Governments of States, who may be in a position to do so, to communicate to the League any information that they may obtain on the subject:
Taking note of the information contained in the various communications of the Chinese representative on the subject; and of his statement on the urgent need for the constitution of a Commission of Neutral Observers in China to investigate the cases of uses of poisonous gas in China, watch the situation in respect thereto, and make reports for examination;
Invites the Governments of the States represented on the Council and on the Far Eastern Advisory Committee having official representatives in China to investigate through the diplomatic channel, so far as this may prove practicable and by the most appropriate method, such cases as may be brought to their notice and to submit all relevant reports for examination and consideration.
Ⅱ. REPORT ADOPTED BY THE COUNCIL SEPTEMBER 30TH, 1938.
1. The report of Far-East Advisory Committee, adopted by the Assembly on October 6th, 1937, states “that the military operations carried by Japan against China by Land, sea and air...... can be justified neither on the basis of existing legal instruments nor on that of the right of self-defence, and that (they are) in contravention of Japan’s obligation under the Nine-Power Treaty of February 6th, 1922, and under the Pact of Paris of August 27th, 1928.”
2. The Japanese Government, having been invited, under Article 17, paragraph Ⅰ of the covenant, to comply with the obligations developingupon the Members of the League for the settlement of their disputes, has declined this invitation.
3. Although, in conformity with established practice, it is, in principle, for the Members of the League to appropriate in each particular case whether the conditions required for the application of Article 16 and Article 17, paragraph 3, are fulfilled, in the special case now before the Council, the military operations in which Japan is engaged in China have already been found by the Assembly to the illicit, as mentioned above, and the Assembly’s finding retains its full force.
4. In view of Japan’s refusal of the invitation extended to her, the provisions of Article 16 are, under Article 17, paragraph 3, applicable in present conditions and the Members of the League are entitled not only to act as before on the basis of the said finding, but also to adopt individually the measures provided for in Article 16.
5. As regards co-ordinated action in carring out duch measures, it us evident, from the experience of the past, that all elements of co-operation which are necessary, are not yet assured.
6. The Assembly, by its resolution of October 6th, 1937, assured China of its moral support, and recommended that Members of the League “should refrain from taking any action which might have the
effect of weakening China’s power of resistance and thus of increasing her difficulties in the present conflict, and should also consider hiw far they can individually extend aid to China.”
Referring more particularly to this resolution, the Council, on May 14th, 1938, ernestly urged Members of the League “to do their utmost to give effect to the recommendations contained in previous resolution of the Assembly and Council...... and to take into serious and sympathetic consideration requests they may receive from the Chinese Government in comformity with the said resolutions.”
7. Although the co-ordination of the Measures that have been or may be taken by Governments cannot yet be considered, the fact none the less remains that China, in her heroic struggle against the invader, has a right to the sympathy and aid if the other Members of the League. The grave international tention that has developed in another part of the world cannot maker them forget either the suffering of the Chinese people, or their duty of doing nothing that might weaken China’s power of resistance, or their undertaking to consider haw far they can individually extend aud to China.
↑The League of Nations Resolution and Report on the Sino-Japanese Dispute, Adopted in September 1938 http://imtfe.law.virginia.edu/collections/sutton/13/59/league-nations-resolution-and-report-sino-japanese-dispute-adopted
