65 to 72 are a repetition of those contained in the Minorities
Treaty, which, in accordance with the Decision of the Conference of Ambassadors, Germany had to accept.
It therefore clearly appears that it is the provisions of
Division 1 itself which constitute the carrying out (or, according to the terms of the Preamble, "the putting into force")
of "the above-mentioned principles laid down" by the Conference of Ambassadors l.
Had it been otherwise, it would have been possible to find
elsewhere in the Convention an expression of the idea that the
unquestionably are there for
provisions of Article 72-which
the purpose of more precisely defining what is to be understood by the guarantee of the League referred to in the
Preamble to Division 1-should also apply to the provisions
of Division II. But one searches in vain for an expression
of such an idea in the Convention which, far from putting
the numerous provisions of Division II on the same footing
as those of Division 1, draws a very marked distinction
between them.
I t is true that the resolutions by which the Council of
the League of Nations declared that it undertook the
guarantee of the provisions of the Geneva Convention are
so generally worded that they might lead to the supposition
that it was not intended to distinguish between the provisions
of the two Divisions. But such an inference cannot prevail
in face of the terms of the Convention. The fact that,
according to Division III, certain functions are conferred upon
the Council with regard to the provisions of Division I I as
well, may moreover indicate that these provisions were considered as being guaranteed by the League of Nations, although
in a different manner from the provisions of Division 1.
For these reasons, the Court is unable to accept a construction according to which the guarantee of the League of
Nations as defined in Article 72 of the Geneva Convention
would also extend to the provisions of Division II.
1 I n Annex 3 t o the Recommendation made by the Council of the League
of Nations and accepted by the Conference of Ambassadors, the phrase which
in the Eng1ish"text corresponds t o the phrase mettre en pratique of the
French text is put into force" (nzettre en vigueur).