Evening star., 1939-07-18

Justice. insists that 1t has not ceased
to exist merely because its principles
have been violated. He declares:
1T has never heretofore been sup.
posed that when belliserents vio-
lated international law, they believed
that they were destroying 1t or de-
priving 1t Of its obligatory force"
Has 1t ever been suggested that.
because people are from time to
time murdered, there is no criminal
law forbidding homicide? Is 1t not
true that the laws exist whether the
criminal is apprthended and pun
lshed or not? A violation of munic-
lpal law has never been regarded as
destruction OF that law; and 80 1t
Is with international law.
International law is recognized
among all nations. 1t is term ap-
piled to that body Of rules and regu-
lat!ons of states and other bodies
possessing international personality.
1t II more than policies adopted In
diplomatic relations: it finds express
sion in comfy among nations; it is
q part Of the law Of the land, recog-
nized by the courts and by judicial
tribunals In all civilized nations. 1t
has been implemented and strength
ened by agreements. treaties, GUS
toms and concrete and ordered deal
lnss among states. International
law was recognized In ancient
Greece, but it declined under the
Roman Empire. 1t has been said
that the birth OF international law
- traceable to the Peace of Vest
phalia.
Multilateral in Application.
1t Is not unilateral, but multilat-
eral, and is In part due to compro.
misses among nations under the
terms of which selfish state laws or
international policies are modified
IN the interest OF better relations
among nations. 1t Is q recognition
OF tho Importance OF higher moral
standards among nations and a
broader spirit of tolerance and JUS
t!ce. Grotius, and other great writ
ers on international law, sought to
mitigate the spirit of fierce nation
allsm and to secure q recognition
by nations OF what might be called
natural justice" They sought to
modify the doctrine OF exclusive SOW
ereignty OF nations and to bring
about 4 certain amount of COLLECTIVE
lty OF action among nations. Vari-
Gus international conferences have
been held for the purpose OF codify-
Ing international law and formulate
Ing broader policies for the promo
ton Of world peace.
There Is an international law of
war and an international law of
peace. The former was the more
important In the first centuries of
the development OF international
law, and it developed rules OF neu-
trality, including blockades. contra
band. visits and search, and policies
to mitigate the sufferings OF the peo-
pie in time OF war. Prize courts were
developed under international law
and arbitrations Of interna tional dis
putes encouraged and recognized. AS
nations advanced in civilization, a
higher ethical concept was devel-
oped. and the principles OF interna-
tlonal law became more firmly es-
tablishcd and more generally recog-
nized.
More recently efforts have been
made to develop international ma
chlnery for the purpose of outlawing
war and to make more effective the
principles OF international law. In
the evolution OF the principles OF in
ternational law, emphash was early
laid on impartiality toward bellig-
erents, but more recently methods
are being sought to determine the
justice OF war and who are the ag-
gressors. Neutrals are to aid in
bringing pressure upon wrongdoers.
This undoubtedly is a modification
OF the accepted principles OF inter-
national law, and may effect the ac-
cepted principles of neutrality. In
ternauonal law is concerned not
alone with international conflicts,
but 1t has to do with international
peace and the promotion of those
policies which make for world peace.
Does Not Compel Silence.
And so the view is being developed
that international law, with its en-
phasis upon neutrality, does not
compel neutral nations to be silent
IN the face OF assaults by powerful
states upon weak and unoflending
peoples. In other words, in deter
mining the course to be pursued by
neutrals, consideration is being given
10 the question Of justice and ethics
ana morality which arise or grow
out OF international conflicts: and
the conduct OF belligerents is being
weighed by neutral nations, and the
course OF the latter is Influenced by
the verdict as to which OF the bcllig-
erents was the aggressor, and
whether its conduct calls for univer-
sal condemnation. This, as I have
indicated, may result in profound
changes In the law Of neutrality and
affect the application OF interna-
tional law.
Bainbridse Colby, former secre-
tary OF State, has stated:
1T is well-known principle of in
ternational law that the measure of
nations neutral obligations is to
be found In the rules OF 1nterna-
t!onal law and nowhere else. AS a
result OF centuries OF wars, this group
OF principles was evolved by which
oelIgerents and neutrals achieved
some reasonably definite guides to
the conduct Of their reciprocal rela-
tlons on land and sea. The adoption
OF these rules has been regarded
throughout the civilized world rs a
victory for civilization over brute
force, for law over anarchy"
International law Is comprised of
great body of custom and prece-
dent, of treaties and conventions, of
weighty opinions and authoritative
court decisions, of arbitral awards
and instructions issued by civilized
nations for the guidance OF their
diplomatic and other organs, Of his