CYIL vol. 12 (2021)
CYIL 12 (2021) THE MECHANISM OF THE PROTECTION OF RACIAL, NATIONAL, AND RELIGIOUS… of Jewish minority in Greece, Poland, and Romania, the protection of non-Greek monastery communities in Greece; Muslim population in Albania, Greece, and Yugoslavia; or awarding an autonomous status to the territory of Sub-Carpathian Ruthenia in Czechoslovakia. 15 The Council confirmed, in the resolution from 22 October 1920, that the scope of obligations could be changed only by a decision of the Council of the League of Nations and that the resulting duties had to be observed under any circumstances. Every member of the Council was entitled to notify the League of Nations that the violation of treaty obligations regarding minorities had occurred, or that such violation was imminent. The Council showing its “special interest in the protection of minorities” could choose the procedure and issue such instructions that the Council under the given circumstance would consider proper and effective… 16 It was both the right and the duty of the members of the Council. The British representative on the Council Lord Balfour commented that it was “a thankless and difficult task”. In case there was a serious violation of an obligation to protect minorities it was possible to present the case before the Permanent Court of International Justice in the Hague under Article 14 of the Covenant of the League of Nations. The Council and this international court were the only two bodies which were authorized to practically decide regarding obligations to protect minorities. 17 The Resolution of the Council of the League of Nations from 22 October 1920 made it possible to submit petitions and reports to the League of Nations with respect to “infraction or danger of infraction of the clauses of the treaties for the protection of minorities”; the submission could be made by states not represented in the Council, members of minorities as both individuals and legal entities, or even by organizations or associations formed specifically for that purpose. In his 1929 report, M. Adachi, the Japanese representative on the Council, suggested that it was essentially information (notification) that minorities obligations were not observed or were violated or that such a violation was imminent. Such “pure and simple” information did not institute any judicial procedure nor adversarial proceedings to which the petitioner would be a party. 18 The Resolution of the Council from 22 October 1920 established a special procedure to deal with petitions. 19 The Council wished to introduce “a transparent and uncomplicated procedure”. Petitions were to be submitted to the Council of the League of Nations. The Secretariat General of the Council was headed by British Sir EricDrummond and incorporated a special section managed by Norwegian diplomat Eric Colban until 1928. Administrative support of the Secretariat General was approved at the first General assembly of the League of Nations in its Fourth Committee, and the section and its business gradually expanded. 20 18 Protection of linguistic, racial or religious minorities by the League of Nations. Resolutions and Extracts from the Minutes of the Council, Resolutions and Reports adopted by the Assembly relating to the Procedure to be followed in Questions concerning the Protection of Minorities, ibid., Part II, p. 175. 19 Ibid, p. 8. See also Stone, J.: International Guarantees of Minority Rights . London, 1933; Roucek, J. S.: The Working of the Minorities System under the League of Nations. The Yale Law Journal , 1930, Vol. 39, No. 4, p. 59; Musgrave, T.D.: Self-determination and national minorities , ibid., pp. 44–46. 20 Protection of linguistic, racial or religious minorities by the League of Nations. Resolutions and Extracts from the Minutes of the Council, Resolutions and Reports adopted by the Assembly relating to the Procedure to be followed in Questions concerning the Protection of Minorities, ibid., Part II, pp. 170–171. 15 Ibid, p. 163. 16 Ibid, Part I, pp. 7–9. 17 Ibid.
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