File 1355/1917 Pt 5 'Arms Traffic Convention.' [‎6r] (5/721)

United States had declared itself to be “in cordial sympathy with efforts to restrict the traffic
in arms and munitions of war”, invited the Government of the United States to co-operate
with the Temporary Mixed Commission in the preparation of the draft convention or conven
tions suggested by the Assembly, hollowing upon this invitation, the Minister of the United
States at Berne, in a letter (Annex II) addressed to the Secretary-General on February 2nd,
1924, intimated that, on the instructions of his Government, he would himself attend the
February session of the femporary Mixed Commission in order to receive information with
rin^rd to the proposals made respecting the draft Convention to be considered by the Commis-
sill When Mr. Grew was appointed Under-Secretary of State, his place was taken by Mr.
Gibson his successor at Berne.
The Persian Government, which, in a letter addressed to the Council on September 18th,
1923 (Annex III), had declared itself interested in this question, was also invited by the
Council to send a representative to attend the meetings of the Temporary Mixed Commission
on the question of the control of the international trade in arms, and was represented by
Prince Arfa-ed-Dovleh.
*
* *
It should be pointed out that the work undertaken on this subject by the Temporary
Mixed Commission was based on two articles of the Covenant: Article 23, which makes
the following provision with regard to the control of the international trade in arms :
“Subject to and in accordance with the provisions of international conventions exis
ting or hereafter to be agreed upon, the Members of the League :
'‘(d) Will entrust the League with the general supervision of the trade in arms
and ammunition with the countries in which the control of this traffic is necessary in
the common interest” ;
and Article 8, the penultimate paragraph of which reads as follows :
“The Members of the League agree that the manufacture by private enter
prise of munitions and implements of war is open to grave objections. The Council
shall advise how the evil effects attendant upon such manufacture can be prevented, due
regard being had to the necessities of those Members of the League which are not
able to manufacture the munitions and implements of war necessary for their safety.”
The above articles taken together indicate both the object and the method of the work
of the Commission on this question.
Its object has been twofold : in the first place, to control the trade in arms and muni
tions in the countries in which the control of this trade is necessary in the common interest;
in the second place, by controlling the general international trade in arms to prevent as far
as possible the evil effects which the Covenant attributed to the private manufacture of
munitions and implements of war.
The Commission had before it three texts, the Convention of St. Germain and the
draft Conventions of Admiral the Marquis de Magaz and M. Jouhaux. In virtue of the
decision of the Assembly it was directed to adopt a text wdiich w 7 ould be likely to obtain the
approval of all States and especially of all great producing countries.
It therefore adopted as a basis for its w 7 ork the Convention of St. Germain, w 7 hich w ; as
amended and completed, in order to facilitate the adherence of the L nited States to the
future Convention and to develop and strengthen that part of the said Convention which dealt
with the control of the general trade by incorporating in the new 7 draft certain fundamental
ideas contained in the drafts submitted by Admiral the Marquis de Magaz and M. Jouhaux.
The text finally adopted by the Commission (Annex IV) contains six chapters.
Chapter I, consisting of the first Article of the draft, deals with the definition and enume
ration of the arms, munitions and implements of war the international commerce of which
is to be controlled. In this task the Temporary Mixed Commission had the advantage
of the technical co-operation of the Permanent Advisory Commission, and the classification
adopted by the Temporary Mixed Commission has for its basis that which the Permanent
Advisory Commission had prepared at its May session in Paris. In this connection, the
Temporary Mixed Commission endorses the following remarks to be found in the report
of the Permanent Advisory Commission on the subject :
“After considering the arms and munitions in relation to their intended or possible
use for w ? ar, the Commission decided to form three distinct categories,
“The Commission decided that a first category should be set apart for arms and
munitions exclusively designed for war.
“In view 7 of the developments which have been effected in arms manufactured foi
commercial purposes, and particularly in sporting rifles, there is little difference between
sporting and military weapons, and the former have acquired a military value which
must be taken into consideration. The Commission accordingly considered it advisable
to make a second category to include arms and ammunition which, without being
designed exclusively for w 7 ar, were nevertheless capable of being utilised to some extent for
military purposes.
“Lastly, the arms which are not covered by the two previous categories, either
because they are not specially designed for w 7 ar or because they are not capable of being
utilised for military purposes, have been put into a third category.”