Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1919-05-02
tRx G. $. ~Strandyold.l

Can ~accpsers rightfu.ly constitute
themselves Z court with 1ull power
10 mele out punishment? is a ques-
ton that must have arisen in the
minds of a number of people upon
being told that Great Britain, the
Tinted states, Japan. Italy and
France intend 10 publicly arraign ,1he
number Of officers Of that Country
Tot for Al ofsnse against criminal
Law. but for & supreme ofense
against International morality and
the sanctity 81 treaties
According 10 the plan presented al
the last pjens-y meeting OF the peace
] conference, z special tribunal. COM
posed OF fvs Judges. 4 appointed by
each Of the powers. will try the ac-
cused VINO. if found guilty. will be
!. brought before z military court.
| On the surface such proceedings
appear 10 De Z clear violation of the
fundamental. ideals Of law in all civ
ilized countries. The offended party
fender, but not 10 Try him: the trial
itself is left 70 z court which pre-
I'm the accused innocent until
guilt is proved. and in no case can
the accuser assume = the right to
judge.
Secretary of State Lansing, now a
member Of the American peace dele
J CATION. is understood until recently to
ave entertained n view that a trial
OF international offenders essentially
you'd be analogous 10 that of per-
sons who stand accused Of violations
OF criminal law; Mr.. lansing has,
however, changed his Views, but the
reasons moving him TO do SO, have
not been made public at this time.
An International Issue.
In considering the matter. wholly
aside from the fact that popular pre-
)uolce n common opinion already
TO their OWL satisfaction have cstab-
! she the built Of the German. war
lords. there are three phases 10 re-
member:
First. it is pointed out specifically
that the arraignInent will not be made
1or Tense against the criminal law:
the charge will be "a supreme Of
Tense against International morality
and the sanctity Of treaties' which il
an antireIy nov one.
Second, the tribunal Of no ono ma
! ton will try the accused: the Judges
Will be appointed by the five largest
states among the c~onguerors. The
inference Is that the caae will be one
OF international law.
Third. no adequate precedent for
procedure such az now planned has
ever been. esta blished.
II seems clear. then, that the ac-
cused men will be tried according Il
international law. and that the Dro!
ceedings will establish a preceden,
Wnlcn may act as a future deterrent
BUT mere Is a stumbling block. In
ternational law IL less positive. and
less clearly defined, than criminal
law. Although 1t has been codihed,
ne reasonably uniform Interpretation
OF IT has ever been made, and amonp
3nrists there is a strong tendencvt o
consider 1t chiefly as a result of c,,s.
tom and treaties. and it's yaltditv has
oi.ten been the subject of snirited
controversy because It provides nc
Tor non-observance. En-.
|.lorcement OF International law-o,
ita sanctions" as lawyers call N-,ha,
n1therto been largely in the nature
~ iHorai enforcement because the
law obtaining between nations ia !
product OF general opinion.
Right Of C0nqueM involved
Al ALI times victorious nations havs
claimed he right OF conquest. which
appears TO have been tacitiy recn~.
nzed as Q principle Of internationsl
law. according to the right II COW
quest the conquer6rs are entitled -
7. indemnity without question: ~
IGN or wrong, OF Justice Or injnstfcs
and In this ~ 10 shown that the inw ~
nat,ons lies outside the principles Of
as 70 the nature Il tnc det sn sa'a ye,
ceedingS which may he ilatitn,od
against the alleged German oissn6.
efs, 1T seems Dr0babiAtthat ths.sn ~