§ 1. The report of the Far-East Advisory Committee, adopted by the Assembly on 6th October, 1937, states: "that the military operations carried on by Japan against China by land, sea and air … can be justified neither on the basis of existing legal instruments nor on that of the right of self-defence, and that (they are) in contravention of Japan's obligations under the Nine-Power Treaty of 6th February, 1922, and under the Pact of Paris of 27th August, 1928."
§ 2. The Japanese Government, having been invited, under Article 17, paragraph 1, of the Covenant, to comply with the obligations devolving upon the Members of the League for the settlement of their disputes, has declined this invitation.
§ 3. Although, in conformity with established practice, it is, in principle, for the Members of the League to appreciate in each particular case whether the conditions required for the application of Article 16 and Article 17, paragraph 3, are fulfilled, in the special case now before the Council, the military operations in which Japan is engaged in China have already been found by the Assembly to 470 be illicit, as mentioned above, and the Assembly's finding retains its full force.
§ 4. In view of Japan's refusal of the invitation extended to her, the provisions of Article 16 are, under Article 17, paragraph 3, applicable in present conditions and the Members of the League are entitled not only to act as before on the basis of the said finding, but also to adopt individually the measures provided for in Article 16.
§ 5. As regards co-ordinated action in carrying out such measures, it is evident, from the experience of the past, that all elements of co-operation which are necessary, are not yet assured.
§ 6. The Assembly, by its resolution of 6th October, 1937, assured China of its moral support, and recommended that Members of the League "should refrain from taking any action which might have the effect of weakening China's power of resistance and thus of increasing her difficulties in the present conflict, and should also consider how far they can individually extend aid to China."
§ Referring more particularly to this resolution, the Council, on 14th May, 1938, earnestly urged Members of the League "to do their utmost to give effect to the recommendations contained in previous resolutions of the Assembly and Council … and to take into serious and sympathetic consideration requests they may receive from the Chinese Government in conformity with the said resolutions."
§ 7. Although the co-ordination of the measures that have been or may be taken by Governments cannot yet be considered, the fact none the less remains that China, in her heroic struggle against the invader, has a right to the sympathy and aid of the other Members of the League. The grave international tension that has developed in another part of the world cannot make them forget either the sufferings of the Chinese people, or their duty of doing nothing that might weaken China's power of resistance, or their undertaking to consider how far they can individually extend aid to China.