, 1922-01-10
RE.EsrABLlsHINo LAW OF NATIONS.

.rh. .oceptance by the naval powers OF the hoot
Ralfour resolution to end the use o Ci.r
commerce destroyers in war; assert !" e-nat scbieye-
star. must be regarded as one OF the SreAe
-.rt. ~ the Washington conference IL reeVs
,be principle that there is such a 7hins as 'e ID
cations. which had been denied in the laIe .
a, ros9i-es the obligations Of belligerents TO respeS'
a.. I;yo, and property Of neutrals and non-comoa'ah''
4Ths experience Of the late war demonstrates 10
submarines could not be used against merenAhe sMp
MN without violation of those rights.
- q weapoa; the principle of search ana seiLute
-. old and in practice it was soon shown that the wv
cnu1d not be harmonized. A submarine cannot ehose
thc crew of a merchant ship to safety. IL cahhot .
ture and convey a prize to port. its soe op I'M
.,fe.v tn itself, is 10 sink and run. ms hmltauon' ~
0n,.5 nv the character of the new craft, ied 10 metn
DDS Of sea warfare and TO results that shocked ny y
raged humanity. Merchant ships were SUM "iI N
search. without warning, without regaru -
49, ,bo character of the cargo and with their
crevn on board. This piratical weapon, IN a re" pf'
months. had undone the work of centuries py when
the conduct of war had been brought TO squaie, Al
come degree, with the requirements OF crVih.aeoh.
sHTbe principle now recognized is that ancient anu
established rights in war, the rights OF neuerais M
non-combatants and the laws of humanity cannot DC
.boIished by a mere weapon of war. II a weapon can
rot he used with regard to those recognized rights, the
weapon and not the rights must be restricted. mat
In the principle embodied In the agreement reached oy
tbe 1--WE naval powers, and TO which the conference Is
- - ,b. adhesion OF all the powers. 1t is a long
.tep forward in the development Of international law
as applied to war.
"There is the consideration, Of course, that these
principles are worth, in practice, only what the OBJ
zcrvance of nations make them worth. 1t may be
urged that in war nations consult their own necessity
first. and that when international law or the obligations
of treaties conflict with their own interests, the latter
prevail. That sometimes is true, but the matter does
not end there. The obligations of good faith, as Ger
many discovered at immense cost to herself, are not
SO easily thrown off. Germany was under obligation
&c respect the neutrality Of Belgium. She weighed the
considerations, doubtless, with close calculation, and
decided that the military advantage to be gained by
breaking public faith was greater than any other adj
vantage to be gained by keeping it. So it may have
seemed when her armies marched into Belgium on a
short cut to France. But in the light of subsequent
events, brought about by this act of peridy, Germany
came to know and world craftsmanship to note that
the tearing up Of a treaty does not make it a scrap of
paper.
at is this moral value that attaches to the subma-
rine agreement at the Washington conference. The
United States, Britain, France, Italy and Japan agree
'ss between Themselves that submarines shall not again
be used as they were used in the late war. That is
all that nations can do in the absence of sanctions that
apply to the contract obligations of individuals. But
there is a sanction not written into treaties, and it is
in this one, although there is no provision Of force to
make it good. 1t is a moral sanction and as compell-
ing as any legal one could be. When the other pow
ers join in recognition of the principle, and that action
seems sure, international law in war will have ac-
CURED a force 10 nation will dare to ignore. II the
Washington conference had accomplished nothing
more this achievement would make it a memorable
land mark IN the nations progress toward under
standing"