LEAGUE OF NATIONS Cv^unicnted to the C.332.M.169 .1935 .VII. Council and Members of the League. Gene vs, September 4th, 1935. DISPUTE BETWEEN. ETHIOPIA AND ITALY. BEQUEST OF TEE ETHIOPIAN GOVERNMENT. Note by the Secretary-General. In accordance with the resolution adopted by the Council on August 3rd, the Ethiopian and Italian Governments have communicated to the Secretary-General, for the informa­ tion of the Members of the Council, a certified copy of the decision unanimously rendered by the It.aly-Ethiopian Arbitra­ tion Commission in Paris on September 3rd, 1935, with regard to the Walwal incident and other incidents having taken place on the Italo-Ethiopian frontier since December 5th, 1934. I. Communication from the representative of Ethiopia; II. Communication from the representative of Italy; III. Docision of the Italo-Ethiopian Arbitration Commission. I. Genova, September 4th, 1935. To the Secretary-General. • (Translation). I have the honour to transmit to your Excellency, for communication to the Members of the Council of the Longue of Nations, a certified copy of the award unanimously ren­ dered by the Italo-Ethiopian Arbitration Comission in Pnris on September 3rd, 1935, regarding the Walwal and subsequent incidents up to May 25th,. 1935. I have the honour, etc., (Signed) Gaston JEZE, Agent of the Imperial Ethiopian Government. II. Geneva, September 4th,1935. T- the Secretary-General. I have the honour to transmit to you herewith a certified copy of the decision rendered on September 3rd, by the Italo-Ethiopian Commission of Conciliation and Arbitration with regard to the Walwal incident and other incidents having taken plp.ee on the Italo-Ethiopian frontier since December 5th, 1934. I have the honour, etc., (Signed) ALOISI. - 2 - III. ITALO-ETHIOPIAN COMMISSION OF CONCILIATION AND ARBITRATION. Award of September 3rd, 1955. 1. By an exchange of notes dated May 15th and 16th, 1935 between the Italian Minister at Addis Ababa and the Minister for Foreign Affairs of Ethiopia, the Italian and Ethiopian Governments agreed to submit to the procedure of conciliation and arbitration provided for in Article 5 of the Treaty of Amity between Italy and Ethiopia of August 2nd, 1908, "the de facte circumstances of the incident which took place at Walwal on December 5th end 6 th, 1934, and the responsibilities in connection therewith." As it appears from Resolution No.l of the League Council dated May 25th, 1935, the cwo Govern­ ments also agreed to submit to the same procedure "incidents which have taken place on the Italo-Ethiopian frontier since December 5th, 1934." It was also stated in this resolution of the League Council that the Italian Government, in view of the request which had been made to it, raised no objection regarding the nationality of the arbitrators appointed by the Ethiopian Government. 2. The two Governments accordingly appointed as members of the Commission, the former, Count Aldrovandi, Ambassador of H. M. the King of Italy ana M. Montagna, Counsellor of State of the Kingdom of Italy, and the latter M. A. de Gcouffrs| de la Pradelle, Professor of International Law at the Uni­ versity of Paris, Director of the Institute of Intornational Studies and Mr. Pitman B. Putter, Professor of .International Organisation at the Graduate Institute of International Studies of Geneva, a citizen of the United 3tates of America. They also appointed as Agents attached to the Com­ mis si un, the former, M. S. Lessona, Professor at the Uni­ versity of Florence and the latter, M. G. Jeze, Professor at the University of Paris. 3. The Commission constituted as above held a first session at Milan on June 6 th and 7th, at which it laid down it5 procedure; its next meeting, which was to take place at Scheveningen (Netherlands) was postponed until June 25th to enable its members to take cognizance of the claims, argu­ ments, and evidence of the Parties. 4. On June 18th, 1935, the Ethiopian Government stated that it stood by the memoranda submitted by it to the League of Nations on January 15th and May 22nd, (C.4 9 .M.2 2 .1935.VII* and C.230.M.114.1935.VII ). On June 22nd, the Italian Government submitted to the arbitrators a memorandum specially prepared for them. - 3 - 5. The Commission, which met at Scheveningen on June 25th, 1935, heard the statement of the Italian Government's Agent. The Ethiopian Government’s Agent having, in the course of his statement in reply, touched on the question of the "ownership” of the territory in which Walwal is situated, the Italian Agent objected to the examination of this question which, in his Government's opinion, did not come within the Commission's competence. The members of the Commission disagreed as to their power to determine its competence, and regarding the recourse to the fifth arbitrator provided for by the Treaty of 1928. The Commission was accordingly obliged to suspend its proceedings on July 9th, 1935. 6 . The interlocutory question thus raised was settled by the league Council, to which the two Governments applied in order to obtain an interpretation of their agreement regarding the precise scope of the mission entrusted to the Commission of Conciliation and Arbitration. The Council was of opinion that the two Governments "did not agree 'that the Commission should examine frontier questions" and that consequently "the Commission must not, by its decision on the Walwal incident, prejudge the solution of questions which do not fall within its province, and that it would be prejudging that solution if it founded its decision on the opinion that the place at which'the incident occurred is under the sovereignty either of Italy or of Ethiopia". It considered that "while it is always open to the Commission to take into consideration, without entering upon any discussion on the matter, the conviction that was held by the local authorities on either side as to the sovereignty over the place of the incident, the Commission has not to taka into account the circumstance that Walwal is under the sovereign­ ty of one or other of the two parties, but must concern itself solely with the other elements in the dispute relating to the Walwal incident’’. It noted the declaration of the two parties to the effect that the four members of the Commission would proceed "without delay to designate the fifth arbitrator whose appoint­ ment might be necessary for the carrying through of their work". Lastly, the Council, "confident that the procedure would have brought about the settlement of the dispute before September 1st, 1935, invited the two Governments to inform it of the result not later than September 4th, 1935". 7. The Commission met at Paris on August 20th, 1935, and proceeded to designate the fifth arbitrator. Its choice unanimously fell upon M. N. Politis, Greek Minister at Paris, member of the French Institute and the Institut de Droit inter­ national , former Minister for Foreign Affairs, ex-President of the League Assembly, Honorary Professor in the Faculty of Law of Paris University, who was requested to assist it in the event of disagreement. - 4 - 8 . After hearing on that same day the statement of the Ethiopian Agent, the Commission decided to proceed to Berne'" to receive the depositions of a number of persons called by the Italian Government. 9. The depositions were made on August 23rd, 24th and 25th, 1935. They were followed by the final statement of each of the two Agents. 10. On its return to Paris on August 26th, the Committee began its discussions on the questions submitted for its con­ sideration. The four arbitrators were unable to agree either as to the actual circumstances of the Welwal incident or as to the responsibilities arising in connection therewith. 11. The intervention of the fifth arbitrator thus be­ came necessary. It took place on August 29th. 12. Having taken note of the general contents of the dossier, the various parts of which had been communicated to him on his appointment, the fifth arbitrator proceeded to dis­ cuss, in conjunction with the other members of the Commission, the pleadings on either side of the questions in dispute. 13. As a result of this discussion the Commission arrived at the following decision: THE WALWAL INCIDENT 14. The Walwal district, situated in a desert country and frequented by nomad tribes under the authority of Britain, Italy or Ethiopia, is of special importance owing to the wells, some 300 in number, in the territory, the water of which is indispensable for the requirements of the tribes in question and their livestock. 15. This area has been controlled since 1928, and per­ manently occupied since 1930, by the authorities of the Italian Somaliland Colony. 16. The Italian occupation of the area is symbolised by the fortified post of Walwal, which is subordinate to that of Warder, about 12^ km. distant. Although it has not been officially recognised by the Ethiopian Government, it never gave rise to any official protest from that Government until the Walwal incident. 17. This occupation had given the Italian authorities the conviction that the Walwal area was under Italian a u th o rity and was recognised by Ethiopia and the United IT: ngdom, inas­ much as it was a constant practice for the tribes under their influence to use the Walwal wells under the supervision of the Italian authorities. 18. On the other hand, the Ethiopian authorities were convinced that the area formed, part of their national terri­ tory. - 5 - 19. In recent years, mutual suspicion and animosity had developed between the Italian and Ethiopian authorities/ The Italian authorities became convinced that the Ethiopians had hostile intentions, and the Ethiopian authorities had the same conviction about the Italians.