[Enclosure]
The Secretary-General of the League of
Nations (Drummond) to the Secretary of State
Sir: On June 12th last I had the honour, on
instructions from the Council of the League of Nations, to transmit
to the United States
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Government the text of a Protocol regarding the adherence of the
United States to the Statute of the Permanent Court of International
Justice subject to the reservations formulated by the United States
Senate. This instrument had been drafted by a Committee of Jurists
appointed by the Council, and had been adopted by the Council at its
meeting of June 12th.
In accordance with a resolution adopted by the Council on August
31st, and a resolution of the Assembly of the League of Nations
adopted on September 3rd, the Protocol was next referred for
examination to the Conference of representatives of States parties
to the Statute of the Permanent Court which the Council had convened
for the purpose of considering amendments to the Court’s Statute.
The United States Minister at Berne left with me on August 16th last
a memorandum on the basis of which I had the honour to read to the
delegates at the first meeting of the Conference, the following
statement:
“I thank you for giving me the opportunity of making this
statement to the Conference. I am informed from a sure
source, which I cannot divulge but on which the members of
the Conference can absolutely rely, that the Secretary of
State of the United States of America, after careful
consideration, is of opinion that the draft Protocol drawn
up by the Committee of Jurists would effectively meet the
objections set forth in the reservations made by the United
States Senate and would constitute a satisfactory basis for
the United States to adhere to the Protocol and Statute of
the Permanent Court of International Justice, dated December
16th 1920. After the states signatory to the Protocol of
Signature and the Statute of the Permanent Court have
accepted the draft Protocol, the Secretary of State will
request the President of the United States for the requisite
authority to sign and will recommend that it be submitted to
the Senate of the United States with a view to obtaining its
consent to ratification.”
The Conference unanimously and without change, except for the
correction of a mistake of translation in the French text, which has
been notified to the United States Legation at Berne, adopted the
Protocol as submitted to you in my letter of June 12th.
The Assembly on September 14th followed the Council in unanimously
giving its consent to the provisions of the Protocol.
The Protocol was thereupon opened for signature on behalf of the
States signatories of the Protocol of Signature of the Court’s
Statute and of the United States. Up to the present 50 Members of
the League have given their signatures, as shewn in the list
annexed.
I enclose an authenticated copy of the Protocol;30 it is deposited in the archives of the
Secretariat at Geneva, and I shall be glad to take any steps in my
power to facilitate its signature on behalf of the United States,
if, and so soon as, such signature had been decided
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upon. I beg also to enclose, for your
information, a, copy of the Report upon the Protocol which was made
to the Assembly of the League of Nations by its rapporteur, Monsieur Politis (Document A. 49.1929.V).31
I have at the same time the honour to transmit to you an
authenticated copy of a further Protocol32 intended to effect certain amendments in
the Statute of the Permanent Court which, as the result of decisions
of the above-mentioned Conference of Government representatives and
of the Assembly of the League of Nations, has been opened for
signature on behalf of the States signatories of the Protocol of
Signature of the Court’s Statute and on behalf of the United States.
This instrument is deposited in the archives of the Secretariat and
has up to the present received 48 signatures as shewn in the annexed
list.33
From the report on the amendment of the Statute of the Court made to
the Assembly by its Rapporteur, Monsieur
Politis, which I enclose (Document A.50.1929.V),31 you will see that the
amendments which the last-mentioned Protocol seeks to effect in the
Statute of the Court, except for certain minor changes and for
certain amendments in Articles 4 and 35 of the Statute intended to
establish general provisions for the participation in the election
of members of the Court of States parties to the Court’s Statute
which are not Members of the League, without affecting the special
agreements which it is proposed to make in the case of the United
States of America, are identical with the amendments proposed in the
report (Document A.9.1929.V), of which I had the honour to send you
a copy with my letter of July 12th last. I venture to call your
attention more particularly to the provisions of Articles 2 and 7 of
the Protocol dealing with the position of the United States as
regards the acceptance by it, and as regards the entry into force,
of this instrument, and to the commentary on this matter which is to
be found at the top of page 4 of Monsieur Politis’ report to the
Assembly.
I have [etc.]
