thereby give up options to initiate the use of gas or germ warfare. If other countries should use gas or germ weapons in a future war, we would not give up our option to retaliate in kind by ratifying the protocol.101 Moreover, we no longer have an effective option to use poison gas or germs except in retaliation. Our publicly stated policy is that we will not be the first to use these weapons. We have said we would observe the principles and objectives of the protocol. We are probably bound through custom to its basic prohibitions. Our principal allies would almost certainly restrain any desire we might have to initiate poison gas or germ warfare. The sanctions for violating the protocol, notoriety, retaliation, and war crimes prosecutions, apply even without ratification. Thus, ratification would simply acknowledge the fact that our options are already closed.

The foregoing discussion shows that we have little to lose and considerable to gain by ratifying the protocol. We can increase the strength of the protocol as a barrier to poison gas and germ warfare; help to clear up a few ambiguities and, in doing so, achieve wider support for United States interpretations; and enhance our standing for influential participation in the forthcoming discussions of proposals for additional limitations. On the other hand, if we insist on waiting until the protocol is revised, we will probably have to wait a long time and then have little influence in the revision. Finally, we give up no option which is now open to us by ratifying. In my view, the protocol is the best instrument likely to be achieved in the foreseeable future. The United States would be well advised to join it.

191 See notes 71, 79-86 supra and accompanying text.

APPENDIX

RESERVATIONS TO THE 1925 GENEVA PROTOCOL

AUSTRALIA

Subject to the reservations that His Majesty is bound by the said Protocol only towards those Powers and States which have both signed and ratified the Protocol or have acceded thereto, and that His Majesty shall cease to be bound by the Protocol towards any Power at enmity with Him whose armed forces, or the armed forces of whose allies, do not respect the Protocol. BELGIUM

(1) The said Protocol is only binding on the Belgium Government as regards States which have signed or ratified it or which may accede to it.

(2) The said Protocol shall ipso facto cease to be binding on the Belgian Government in regard to any enemy State whose armed forces or whose Allies fail to respect the prohibitions laid down in the Protocol.

BRITISH EMPIRE

Does not bind India or any British Dominion which is a separate Member of the League of Nations and does not separately sign or adhere to the Protocol.

(1) The said Protocol is only binding on His Britannic Majesty as regards those Powers and States which have both signed and ratified the Protocol, or have finally acceded thereto;

(2) The said Protocol shall cease to be binding on His Britannic Majesty towards any Power at enmity with Him whose armed forces, or the armed forces of whose allies, fail to respect the prohibitions laid down in the Protocol.

BULGARIA

The said Protocol is only binding on the Bulgarian Government as regards States which have signed or ratified it or which may accede to it.

The said Protocol shall ipso facto cease to be binding on the Bulgarian Government in regard to an enemy State whose armed forces or whose allies fail to respect the prohibitions laid down in the Protocol.

CANADA

(1) The said Protocol is only binding on His Britannic Majesty as regards those States which have both signed and ratified it, or have finally acceded thereto;

(2) The said Protocol shall cease to be binding on His Britannic

Majesty towards any State at enmity with Him whose armed forces, or whose allies de jure or in fact fail to respect the prohibitions laid down in the Protocol.

CHILE

(1) The said Protocol is only binding on the Chilian Government as regards States which have signed or ratified it or which may definitely accede to it.

(2) The said Protocol shall ipso facto cease to be binding on the Chilian Government in regard to any enemy State whose armed forces or whose allies fail to respect the prohibitions laid down in the Protocol.

CZECHO-SLOVAKIA

The Czecho-Slovak Republic shall ipso facto cease to be bound by this Protocol towards any State whose armed forces, or the armed forces of whose allies, fail to respect the prohbitions laid down in the Protocol.

ESTONIA

(1) The said Protocol is only binding on the Estonian Government as regards States which have signed or ratified it or which may accede to it.

(2) The said Protocol shall ipso facto cease to be binding on the Estonian Government in regard to any enemy State whose armed forces or whose allies fail to respect the prohibitions laid down in the Protocol.

FRANCE

(1) The said Protocol is only binding on the Government of the French Republic as regards States which have signed or ratified it or which may accede to it.

(2) The said Protocol shall ipso facto cease to be binding on the Government of the French Republic in regard to any enemy State whose armed forces or whose allies fail to respect the prohibitions laid down in the Protocol.

INDIA

(1) The said Protocol is only binding on His Britannic Majesty as regards those States which have both signed and ratified it, or have finally acceded thereto;

(2) The said Protocol shall cease to be binding on His Britannic Majesty towards any Power at enmity with Him whose armed forces, or the armed forces of whose allies, fail to respect the prohibitions laid down in the Protocol.

IRAQ

On condition that the Iraq Government shall be bound by the provisions of the Protocol only towards those States which have both signed and ratified it or have acceded thereto; and that they shall not be bound by the Protocol towards any State at enmity with them whose armed forces, or the forces of whose allies, do not respect the dispositions of the Protocol.

IRELAND

The Government of Ireland does not intend to assume, by this accession, any obligation except towards the States having signed and ratified this Protocol or which shall have finally acceded thereto, and

Should the armed forces of an enemy State or of the allies of such State fail to respect the said Protocol, the Government of Ireland would cease to be bound by the said Protocol in regard to such State.

THE NETHERLANDS (including Netherlands, Indics, Surinam and Curacao)

Subject to the reservation that, as regards the use in war of asphyxiating, poisonous or other gases, and of all analogous liquids, materials or devices, this Protocol shall ipso facto cease to be binding on the Royal Netherlands Government in regard to any enemy State whose armed forces or whose allies fail to respect the prohibitions laid down in the Protocol.

NEW ZEALAND

Subject to the reservations that His Majesty is bound by the said Protocol only towards those Powers and States which have both signed and ratified the Protocol or have acceded thereto, and that His Majesty shall cease to be bound by the Protocol towards any Power at enmity with Him whose armed forces, or the armed forces of whose allies, do not respect the Protocol. PORTUGAL

(1) The said Protocal is only binding on the Government of the Portuguese Republic as regards States which have signed or ratified it or which may accede to it.

(2) The said Protocol shall ipso facto cease to be binding on the Government of the Portuguese Republic in regard to any enemy State whose armed forces or whose allies fail to respect the prohibitions laid down in the Protocol.

ROMANIA

Subject to the reservation:

(1) That the said Protocol only binds the Romanian Government in relation to States which have signed and ratified or which have definitely acceded to the Protocol.

(2) That the said Protocol shall cease to be binding on the Romanian Government in regard to all enemy States whose armed forces or whose allies de jure or in fact do not respect the restrictions which are the object of this Protocol.

SPAIN

Declares this Protocol as compulsory ipso facto and without special

agreement, in relation to any other Member or State accepting and executing the same obligation, that is to say, on condition of reciprocity.

UNION OF SOUTH AFRICA

Subject to the reservations that His Majesty is bound by the said Protocol only towards those Powers and States which have both signed and ratified the Protocol or have acceded thereto, and that His Majesty shall cease to be bound by the Protocol towards any Power at enmity with Him whose armed forces, or the armed forces of whose allies, do not respect the Protocol.

UNION OF SOVIET SOCIALIST REPUBLICS

(1) That the said Protocol only binds the Government of the Union of the Soviet Socialist Republics in relation to the States which have signed and ratified or which have definitely acceded to the Protocol.

(2) That the said protocol shall cease to be binding on the Government of the Union of Soviet Socialist Republics in regard to all enemy states whose armed forces or whose allies de jure or in fact do not respect the restrictions which are the object of this Protocol.