Foreign Relations of the United States, Diplomatic Papers, 1933, General, Volume I

500.A15A4 General Committee/208: Telegram

The Acting Chairman of the American Delegation (Gibson) to the Secretary of State

Geneva, March 17, 1933—noon.
[Received 4 p.m.⁷⁶]

569. The following quotations and references for identification will serve to place before you the text of the proposal.⁷⁷

part i—security

Article 1. The following articles (2 to 5) are concluded between those of the parties to the present convention who are parties to the Pact of Paris.

Article 2. It is hereby declared that any war undertaken in breach of that pact is a matter of interest to all the High Contracting Parties and shall be regarded as a breach of the obligations assumed towards each one of them.

Article 3. In the event of a breach or threat of breach of the Pact of Paris, a conference between the High Contracting Parties shall at once meet at the request of any five of them, provided that at least one of the governments mentioned by name in article 4 joins in that request. Such request may be addressed to the Secretary General of the League of Nations, whose duty it will then be to make arrangements for the conference and to notify the High Contracting Parties accordingly. The meeting shall take place at Geneva, unless any other meeting place is agreed upon.

Article 4 Any conclusions reached at such meeting shall to be valid require the concurrence of the representatives of the Governments of the United States of America, the United Kingdom of Great Britain and Northern Ireland, France, Germany, Italy, Japan and the Union of Soviet Socialist Republics, and of a majority of the representatives of the other governments participating in the conference, exclusive in each case of the parties to the dispute.

Article 5. It shall be the object of the said conference if called in view of a threat of breach of the pact to agree upon the steps which could be taken in respect of such threat and in the event of a breach of the Pact of Paris being found to have occurred to determine which party or parties to the dispute are to be held responsible.

Article 6. Special regional agreement made by certain of the High Contracting Parties for providing information intended to facilitate the decisions to be given under article 5 and for coordinating action to be taken by these parties as a result of such decisions are contained in annexes X and Y.

part ii—disarmament

Article 7. The High Contracting Parties agree to limit their respective armaments as provided in the present convention.

Section I—Effectives

Chapter I—Provisions as to Numerical Limitation

Article 8. The average daily effectives in the land, sea and air armed forces of each of the High Contracting Parties shall not exceed the figures laid down for such party in the tables annexed to this chapter.

Article 9. It is understood that effectives consist of:

(a) All officers, officer cadets, non-commissioned officers, soldiers, sailors, airmen, reservists and all other persons (such as military officials of the administration, sanitary or veterinary services or military agents) of equivalent status who perform a day’s duty in the land, sea and air armed forces;

(b) Persons who perform a day’s duty in police forces or similar formation under the conditions prescribed in article 12;

(c) All other persons of at least 18 years of age who receive military training under the control of the state.

Article 10. The High Contracting Parties undertake to prohibit any military training whatsoever except in organizations under the control of their respective governments.

Article 11. The average daily effectives are reckoned by dividing the total number of days duty performed by actual effectives in each year by the number of days in such year.

In the case of continuous service, every day shall count as a day’s duty a deduction of 5 per cent may in each case be made from the total average daily effectives on account of persons sick in hospitals, persons on leave for 2 or more days and persons prematurely discharged on leave. Any party for which the above mentioned absences represent a greater percentage may make a correspondingly larger deduction after furnishing medical Permanent Disarmament Commission details as to its basis of computation.

In the case of intermittent service or instruction attendances, aggregating 6 hours may count as the equivalent of 1 day’s duty.

Article 12. A police force or similar formation may be disregarded for the purpose of calculating effectives unless it has at least one of the following characteristics.

(a) Arms other than individual (machinations [machine] pistols, Lewis guns, machine guns and weapons of accompaniment, et cetera).

(b) Training of a military nature other than close order drill, physical training or technical training in the use of individual arms.

(c) Transportation, signaling or engineer equipment of a suitable nature and on a sufficient scale to enable it to be employed by units in tactical operations.

The possession by a force of one or more of the above characteristics will in principle determine its inclusion in whole or in part in the calculation of effectives of the land armed forces. Doubtful cases should be referred to the Permanent Disarmament Commission who will give a decision by reviewing the military capacity of the force in the light of all the above characteristics and taking into account in particular the following confirmatory conditions.

(1) Quartering in barracks.

(2) Training in groups of 100 men or more.

(3) Organization on a military basis.

(4) Previous military training.

Article 13. The following naval effectives should be included among the effectives of the land armed forces.

(a) Effectives employed in land coast defense.

(b) Marines who are normally in excess of those assigned to or destined for service afloat.

(c) Effectives coming under the classification of similar formation (as defined in article 12).

Naval personnel serving ashore in the floats [fleet] services (training, administrative, et cetera) as well as those assigned to or destined for service afloat will be included in the effectives of the sea armed service.

Then follow tables of figures for most states of continental Europe and thus do not include any for the United States. Principal figures cited are Germany 200,000; France 200,000 for home country and 200,000 for overseas; Poland 200,000; Italy 200,000 and 50,000 overseas; U. S. S. R. 500,000; Czechoslovakia 100,000. Other Continental states conform approximately to last effectives table prepared by the War Department. Average daily effectives of sea and air armed forces not stated, but will be related to respective matériel.

Chapter II

Special provisions as to the organization of the land armed forces stationed in continental Europe.

Article 14. The provisions of this chapter apply only to the land armed forces stationed in continental Europe.

Article 15. Troops whose primary function is to provide drafts or reenforcements for overseas garrisons are excluded from the provisions of this chapter.

Article 16. The maximum total period of service for the effectives in the land armed forces stationed in continental Europe (excluding the troops mentioned in article 15 above and the personnel referred to in article 18) shall not exceed 8 months.

Article 17. For each man the total period of service is the total number of days comprised in the different periods of service to which he is liable under national law or by the terms of his contract to perform.

Article 18. In the land armed forces affected by this chapter the personnel whose length of service is greater than that prescribed in article 16 shall not at any time exceed the following proportions of the average strength throughout the year of the said forces. Officers, officer cadets and persons of equivalent status 1/x. Noncommissioned officers, soldiers and persons of equivalent status 1/y.

Chapter III

Provisions as to the methods by which the reductions and reorganizations entailed by the preceding chapters shall be effected. (This chapter is blank and will require drafting.)

Section II—Material

Chapter I—Land Armaments

Article 19. The maximum limit for the caliber of mobile land guns for the future shall be 105 millimeters. Existing mobile land guns up to 155 millimeters may be retained but all replaceable or new construction of guns shall be within the maximum limit of 105 millimeters.

For the purpose of this section, a gun of 4.5 inches caliber shall be regarded equivalent to 105 millimeters in the case of countries whose standard gun is of the former caliber.

The maximum limit for the caliber of coast defense guns shall be 405 millimeters.

Article 20. For the purpose of the present convention a tank is defined as follows: “A tank is a fully armored, armed self-propelled vehicle designed to cross broken ground usually by means of tracks and to overcome obstacles encountered on the battlefield.”

Article 21. The maximum limit for the weight of tanks shall be 16 tons.

Article 22. All mobile land guns above 155 millimeters and all tanks above 16 tons shall be destroyed so soon as they are replaced by new guns of or below 105 millimeters.

Chapter II—Naval Armaments

Subchapter 1.

Article 23. The naval armaments of the parties to the Treaty of Washington, signed on February 6, 1922, and the Treaty of London, signed on April 22, 1930, remain subject to the limitations resulting from the said treaties.

Article 24, Article 25 and 26 constitute the agreement between the parties to the Treaty of London, referred to in article 24, paragraph 4, of that treaty. France and Italy will ratify the said treaty not later than the date of their ratification of the present convention.

Article 25. Until December 31, 1936, the naval combatant vessels of France and Italy other than capital ships, aircraft carriers and all vessels exempt from limitation under article 8 of the Treaty of London, shall be limited, without prejudice to article 12 of the said treaty, by provisions of articles 26 and 27 of the present convention. The definitions adopted in annex 1 for the purpose of the present chapter will apply.

Article 26.

(a) The completed tonnage in the cruiser, destroyer and submarine categories which is not to be exceeded on December 31, 1936, is to be the completed tonnage arrived at in consequence of the provisions of article 27.

(b) France and Italy shall have complete freedom to transfer for the purpose of replacement between cruisers of sub-category “II” and destroyers.

Article 27. Until December 31, 1936, the programs of France and Italy in cruisers, destroyers and submarines will be as follows:

(a) Cruisers with guns of more than 6.1 inch “104 millimeters” caliber.

No further tonnage shall be laid down or acquired after the date of signing the present convention.

(b) Cruisers with guns of 6.1 inches (155 millimeters) caliber or less and destroyers.

The amount of further construction to be laid down or acquired by France during the period between January 1, 1933, and December 31, 1936, shall be limited to 34298 (34847 metric) standard tons as authorized in the French program, paragraph 32.

The amount of further construction to be laid down or acquired by Italy during the same period shall be limited to 27173 (27608 metric) standard tons.

They may have laid down or acquired in accordance with the French program of 1931 and the Italian program of 1931–32,⁷⁸ and any tonnage laid down or acquired subsequently shall be devoted to the replacement of over age cruisers of this category or of over age destroyers. Upon the completion of any replacement tonnage, a corresponding amount of over age tonnage shall be disposed of in accordance with annex 6 to the present chapter.

(c) Submarines.

Until December 31, 1936, France and Italy will not lay down or acquire any further submarines. France will arrange her present submarine building and scrapping program so that on the said date her completed tonnage will not be greater than (blank) standard tons.

Any submarine tonnage under construction on that date shall be in anticipation of replacement requirements.

Chapter 3 [Subchapter 2]

Article 28. No High Contracting Party shall lay down or acquire any capital ship during the period up to December 31, 1936, except that Italy may lay down 1 ship not exceeding 26,500 (26,924 metric) standard tons and carrying guns not exceeding 13 inch (330 millimeter) calibre.

Except as provided in article 7, paragraph 2, of the Treaty of London no High Contracting Party shall until December 31, 1936, lay down or acquire any submarine the standard displacement of which exceeds two thousand (2032 metric) standard tons or carrying a gun above 5.1 inch (130 millimeter) calibre.

Subchapter 3

Article 29. In order to bring about a stabilization of naval armaments until December 31, 1936, the armaments of those High Contracting Parties to whom the Treaties of Washington and London do not apply shall until the said date be limited as follows:

(a) No cruisers carrying guns of a calibre above 6.1 inch (155 millimeter) shall be constructed or acquired.

(b) On December 31, 1936, the completed tonnage in cruisers of subcategory II, destroyers and submarines possessed by each of the said High Contracting Parties shall not exceed the amounts specified for such party in annex 4. This provision does not, however, apply to vessels exempt from limitation under annex 2 to this chapter nor to the special vessels shown in annex 3. These special vessels may not be replaced.

(c) Ships may only be laid down or acquired in accordance with the replacement rules contained in annex 5 and only in replacement of tonnage in the same category or subcategory which is or becomes overage in accordance with those rules.

Nevertheless, there shall be complete freedom of transfer for purposes of replacement between the cruisers of subcategory II and destroyers.

Vessels which have to be disposed of as being surplus to the tonnage figures set out in annex 4 shall be disposed of in accordance with the rules set out in annex 6.

(d) Existing ships of various types which prior to April 1st, 1933, have been used as stationary training establishments or hulks may be retained in a non-seagoing condition.

Article 30. The High Contracting Parties assent to the rules laid down in part IV of the Treaty of London and accept them as established rules of international law.

The present article constitutes, as regards those High Contracting Parties to whom the Treaty of London does not apply, the accession contemplated by article 25 of the said treaty.

Subchapter 4

Article 31. It is understood that none of the provisions of the present chapter shall prejudice the attitude of any of the High Contracting Parties at the conferences referred to in article 32. The present convention establishes no permanent ratio in any category of ship and creates no precedent as to whether, and if so in what manner, tonnage remaining overage on December 31st, 1936, for which replacement tonnage has not been laid down may ultimately be replaced.

Article 32. Concurrently with the conference in 1935 provided for under article 23 of the Treaty of London or at least in the same year there shall be a conference of all the High Contracting Parties possessing naval armaments with a view to the establishment of limitations to be observed after December 31st, 1936.

Article 33. The Permanent Disarmament Commission set up under article 64 of the present convention will take immediate steps to prepare for the conferences of 1935 referred to in article 32 by ascertaining the opinions of the High Contracting Parties concerned. It will also examine, with a view to reporting to the said conferences, technical questions of qualitative reduction in the sizes of vessels of war in the various categories, as well as any other questions relating to the limitation of naval armaments which the Commission may consider could appropriately come before the said conferences.

Annexes omitted but cover

(1) definitions

(2) exempt vessels

(3) list of special vessels

(4) tonnage figures for powers other than those signatories of the Treaty of Washington (these figures will be the figures from the returns to the Secretary General of the League of Nations reproduced in the Armaments Year Book 1932,⁷⁹ “exempt” and “special” vessels being omitted)

(5) replacement rules;

(6) rules for disposal;

Chapter III—Air Armaments

Article 34. The High Contracting Parties accept the complete abolition of bombing from the air (except for police purposes in certain outlying regions).

Article 35. The Permanent Disarmament Commission set up under article 64 of the present convention shall immediately devote itself to the working out of the best possible schemes providing for:

(a) The complete abolition of military and naval aircraft, which must be dependent on the effective supervision of civil aviation to prevent its misuse for military purposes;

(b) Alternatively, should it prove impossible to ensure such effective supervisions, the determinations of the minimum number of machines required by each High Contracting Party consistent with his national safety and obligations, and having regard to the particular circumstances of each country, the schemes prepared by the Permanent Disarmament Commission shall be reported to the Second Disarmament Conference. In any case the measures relating to civil aviation set out in annex 2 will apply during the period of the present convention.

Article 36. With a view to effecting the reductions necessary to facilitate the attainment of the objects referred to in article 35, the number of airplanes capable of use in war, in commission in the land, sea and air armed forces of each of the High Contracting Parties who at present possess such airplanes shall, by the end of the present convention, not exceed the figures laid down for such party in the table annexed to this chapter; as regards the other High Contracting Parties, the status quo existing on January 1, 1933, shall be maintained during the said period. Each of the High Contracting Parties mentioned in the table annexed to this chapter may keep a number of airplanes in immediate reserve, not exceeding in each case 25 percent of the number of airplanes in commission in the land, sea and air forces of such party.

Article 37. The High Contracting Parties agree their air armaments will not include airplanes exceeding 3 tons unladen weight. Exception however may be made in the case of troop carriers and flying boats. Complete particulars of any such machines exceeding the maximum unladen weight of 3 tons must be returned annually to the Permanent Disarmament Commission.

Article 38. No dirigibles shall be constructed or acquired during the period of the present convention by any of the High Contracting Parties for commission in their land, sea or air forces. The High Contracting Parties who at present possess such dirigibles may however retain but not replace them during the said period.

Article 39. The definition of unladen weight is given in article [annex] 1.

Article 40. Airplanes capable of use in war, in commission in the land, sea and air armed forces of any of the High Contracting Parties in excess of the number indicated for such party in the table annexed to this chapter must have been put out of commission or otherwise disposed of by the end of the period of the present convention. At least one-half of such excess must, in the case of each such High Contracting Party, have been so dealt with by June 30, 1936.

Article 41. Airplanes exceeding the maximum unladen weight indicated in article 37 and now existing in the armed forces of the High Contracting Parties must all, except insofar as exceptions may be made in accordance with that article, have been destroyed by the end of the period of this convention. At least half of their number must, in the case of each High Contracting Party, have been destroyed by June 13, 1936.

A table follows in which figures are given for a number of countries, but obvious purpose is to indicate equality at the number of 500 army and navy planes in active commission for the United States, France, Italy, Japan, and Soviet Russia, lesser figures being prescribed for other countries. Annex 1 defines unladen weight; annex 2 contains provisions of Document C A/50 June 30, 1932, which is embodied in toto relating to civil aircraft.

part iii—exchange of information

Articles numbers 42 to 46 not yet drafted. It is noted that articles 34 and 35 of the draft convention of the Preparatory Commission⁸⁰ will have to be reproduced.

part iv—chemical warfare

Section I—Prohibition of Chemical, Incendiary and Bacterial Warfare

Article 47 The following provision is accented as an established rule of international law.

The use of chemical, incendiary and bacterial weapons as against any state whether or not a party to the present convention and in any war whatever its character is prohibited.

This provision does not, however, deprive any party which has been the victim of the illegal use of chemical or incendiary weapons of the right to retaliate subject to such conditions as may hereafter be agreed.

With a view to the application of this rule the High Contracting Parties agree upon the following provisions.

Article 48. It shall be prohibited to use by any method whatsoever for the purpose of injuring an adversary any natural or synthetic substance harmful to the human or animal organism whether solid, liquid or gaseous, such as toxic, asphyxiating, lachrymatory, irritant or vesicant substances.

This prohibition shall not apply

(a) To explosives

(b) To the noxious substances arising from the combustion or detonation of explosives provided that such explosives have not been designed or used with the object of producing noxious substances.

(c) To smoke or fog used to screen objectives or for other military purposes provided that such smoke or fog is not liable to produce harmful effects under normal conditions of use.

Article 49. The use of projectiles specifically intended to cause fires shall be prohibited.

This prohibition shall not apply to incendiary projectiles designed specifically for defense against aircraft provided that they are used exclusively for that purpose.

Article 50. The use of appliances designed to attack persons by fire such as flame projectors shall be prohibited.

Article 51. It shall be prohibited to use for the purpose of injuring an adversary all methods for the dissemination of pathogenic microbes, or of filter passing viruses, or of infected substances, whether for the purpose of bringing them into immediate contact with human beings, animals or plants or for the purpose of affecting any of the latter in any manner—for example by polluting the atmosphere, water, foodstuffs, or any other objects.

Section II—Prohibition of Preparations for Chemical, Incendiary and Bacterial Warfare

Articles 52 to 55 inclusive, see articles 5 to 8 inclusive of Conference Document Bureau 45, March 7, 1933.⁸¹

Section III—Supervision of the Observance of the Prohibition of Preparations for Chemical, Incendiary and Bacterial Warfare

Article 56, see article 9 of above document.

Section IV—Establishment of the Fact of the Use of Chemical, Incendiary or Bacterial Weapons

Articles 57 to 63 inclusive, see articles 10 to 16 inclusive of above document.

part v—miscellaneous provisions

Section I—Permanent Disarmament Commission

Chapter I—Composition

Articles 64 to 68, inclusive, reproduce articles 1 to 5 inclusive of the annex to Conference Document Bureau 39, December 7, 1932.⁸²

Chapter II—Functions

Articles 69 to 83, inclusive, correct errors articles 6 to 21 inclusive of the above document.

Chapter III—Operation

Articles 84 to 87, inclusive, reproduce articles 22 to 25, inclusive, of the above document.

Section II—Derogations

Article 88. Should any of the High Contracting Parties become engaged in war or should a change of circumstances constitute, in the opinion of any High Contracting Party, a menace to his national security such party may suspend temporarily, in so far as he is concerned, any provision or provisions of the present convention other than those contained in articles 30, 34 and 47 to 63.

• Subparagraph a. Such High Contracting Party shall immediately notify the other High Contracting Parties and at the same time the Permanent Disarmament Commission of such temporary suspension and of the extent thereof.
• Subparagraph b. In the event of the suspensions being based upon a change of circumstances the High Contracting Party concerned shall simultaneously with the said notification communicate to the other High Contracting Parties and to the Permanent Disarmament Commission a full explanation of such change of circumstances.

Thereupon the other High Contracting Parties shall promptly advise as to the situation thus presented.

When the reasons for such temporary suspension have ceased to exist the said High Contracting Parties [Party] shall reduce his armaments to the level agreed upon in the convention and shall make immediate notification to the other High Contracting Parties.

Section III—Final Provisions of Article 89

It is hereby declared that the loyal execution of the present convention is a matter of common interest to the High Contracting Parties.

Article 90. The present convention is not to be interpreted as restricting the provisions of the Covenant of the League of Nations—in particular those which fix the powers of the Council and the Assembly.

(Article 91 reproduces article 54 of the draft convention of the Preparatory Commission; Article 92 reproduces first two paragraphs of article 55 of the draft convention of the Preparatory Commission; Article 93 reproduces article 56 of the draft convention).

Article 94. Except as provided in the following paragraphs of this article the present convention shall remain in force for 5 years from the date on which it comes into force in accordance with the second paragraph of article 92.

Chapter II of section II of part II (naval armaments) and table 2 annexed to section I of part II (naval effectives) shall remain in force until December 31, 1936.

The rules referred to in article 30 remain in force as provided in article 23 of the Treaty of London, without limit of time.

Article 95. Not later than (blank) years from the date on which the present convention comes into force a conference of the High Contracting Parties shall meet at Geneva. It will be the duty of the said conference to prepare and conclude a new convention which will replace the present convention and will carry on the work of the limitation and reduction of armaments begun by the present convention.

Article 96. The present convention together with the further conventions to be concluded in accordance with article 95 and article 32 will replace, as between the respective parties to the treaties of Versailles,⁸³ St. Germain,⁸⁴ Trianon⁸⁵ and Neuilly,⁸⁶ those provisions of part 5 (military, naval and air clauses) of each of the treaties of Versailles, St. Germain and Trianon, and of part IV (military, naval and air clauses) of the Treaty of Neuilly, which at present limit the arms and armed forces of Germany, Austria, Hungary and Bulgaria, respectively.

Gibson

76. Telegram in eight sections.
77. Submitted by the British Prime Minister on March 16; for full text, including tables and annexes referred to but not printed herein, see Conference Documents, vol. ii, pp. 476–493.
78. For correspondence relating to the French and Italian naval programs of 1931. see Foreign Relations, 1931, vol. i, pp. 358 ff.
79. Armaments Year-Book; general and statistical information in regard to land, naval and air armaments (Special Edition: Geneva, 1932), Supplement to the Special Edition, pp. 48–88.
80. For text of the draft convention, see League of Nations, Documents of the Preparatory Commission for the Disarmament Conference Entrusted With the Preparation for the Conference for the Reduction and Limitation of Armaments, Series X, Annex 20 [C.P.D. 292(2)], pp. 597–620; Department of State Conference Series No. 7: Report of the Preparatory Commission for the Disarmament Conference and Draft Convention (Washington, Government Printing Office, 1931), pp. 71 ff.
81. Conference Documents, vol. ii, pp. 733–736.
82. Conference Documents, vol. ii, pp. 723–728.
83. Treaties, Conventions, etc., 1910–1923, vol. iii, pp. 3329, 3398.
84. Ibid., pp. 3149, 3188.
85. Ibid., pp. 3539, 3574.
86. British and Foreign State Papers, vol. cxii, p. 781.