Armament > Conference for the control of the international trade in arms, munitions and implements of war

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arms and munitions in Category I and Category II. Each of the Contracting States shall publish
an annual report on the points referred to in paragraph 2 of Article 9, and a copy of this report
shall be forwarded to the central organisation.
The Council of the League of Nations shall publish an annual report on the traffic in arms
and the permits in respect of it issued by the Governments. This report shall be submitted to
the Assembly. (Article 23.)
(b) Legal Difficulties.
The Sub-Committee, during its discussions, has found that the preparation of the draft
Convention gives rise to legal questions. On the proposal of M. Jancovici, the Sub-Commission
adopted the following proposal:
“The Sub-Commission instructs the Secretariat to make a juridical study of the
text which it has prepared, subsequent to its examination by the Permanent Advisory
Commission, with a view to maintain a report on the subject at the next meeting of the
Temporary Mixed Commission.
“This study shall include the following points:
“(1) Drafting;
“(2) Points specially referred, during the discussions, to the Legal Section of the
Secretariat.”
The points on which legal difficulties arise are briefly referred to below. Whenever the Com¬
mission has decided to refer a case to the Legal Section of the Secretariat, mention is made of the
fact.
1. Preamble of the Convention.
Amendment submitted by Colonel Lowe to the Preamble of the text used as a basis for dis¬
cussion :
To be added :
“Whereas it is necessary to exercise a general supervision over the trade in arms and
ammunition with the object of securing the fullest possible publicity in regard to such
trade, thereby drawing attention to the danger of the accumulation, in peace-time, of
stocks of munitions;
“Whereas it is necessary to institute a uniform procedure for the supervision
over the trade in fire-arms and ammunition which are capable of both warlike and other
uses ;
“Whereas the existing treaties and conventions, and particularly the Brussels Act
of July 2nd, 1890, regulating the traffic in arms and ammunition in certain regions,
no longer meet present conditions, which require more elaborate provisions applicable
to a wider area in Africa and the establishment of a corresponding regime in certain
territories in Asia;
“Whereas a special supervision of the maritime zone adjacent to certain countries
is necessary to ensure the efficacy of the measures adopted by the various Governments,
both as regards the importation of arms and ammunition from their own territory.”
This point was sent for examination to the Legal Section of the Secretariat.
2. Article 3.
The question of the neutral status of a State granting export licences to its nationals for the
supply of arms to belligerent States was raised in an amendment submitted by Viscount Cecil1 by
which the High Contracting Parties reserve the right to grant such licences without violating
their neutral status.
The legal difficulties raised in this amendment have been referred to the Legal Section of
the Secretariat, and the question as to whether Viscount Cecil’s amendment should be added or
not has been held over pending the Legal Section’s report on this matter.
The questions on which the Legal Section has to give an opinion have been drafted as follows:
“(1) Would the grant of a licence for export of arms to a belligerent be a breach
of neutrality by the granting Power ?
“(2) If the answer to the first question is in the affirmative, would this result be
best prevented:
“ (i) By a declaration in the Convention that such a breach of neutrality
was not to occur; or
"(ii) By a suspension of the operation of the Convention during war ?”
1 It is expressly stated that nothing in this article shall be regarded as affecting the principle of international
law which allows a national of a non-belligerent State to sell munitions of war to a Government of a belligerent State
without breach of neutrality in respect of the non-belligerent State, and that the grant of a licence for such a sale as
provided for in this article shall not be regarded as a breach of neutrality.