724.3415/4181: Telegram (part air)
The Consul at Geneva (Gilbert) to the Secretary of State
[Received September 26—7:08 a.m.]
267. Consulate’s 251, September 20, 11 a.m. paragraph 3.14 The First Committee today adopted a report on the legal questions raised by the Italian Delegation. The report considers, first, the legal status of the present embargo against Bolivia and Paraguay and second, the question of principle viewed from the standpoint of pure law and in particular the question of prohibiting under the provisions of the Covenant the supply of arms to belligerents.
1. In regard to the first question the Committee gave an opinion in the following sense. The members of the League which have imposed the prohibition could take such measures in this particular case without doing so in application of any article of the Covenant. They acted in the lawful exercise of their sovereignty and without infringing any provision of the Covenant.
They were actuated by anxiety to contribute to the general interest towards putting an end to war, an object which is eminently proper for the members of the League to promote. It rests with the Assembly to appreciate whether in the recommendations which it may be led to [Page 289] adopt under the provisions of article 15 it would be desirable to insert provisions dealing with the matter.
2. As regards the second point the Committee is of the opinion that the question is too complex to be solved in the time at its disposal and suggests that the Sixth Committee might propose that the Council be requested to appoint a special committee to study the problem.
3. During the course of the discussion the Italian delegate explained that he had raised the question from the standpoint of pure law; that his Government still considers the present embargo as a special case and has no intention of raising it.
- Not printed.↩