Evening star., 1941-01-17

IN Une QeDdUe
of the last year or so on foreign
policy, it has generally been over
looked that So nations of the world,
including Germany, signed treaty
known generally as the Kellogg
BRAND Treaty or the Pact of Paris,
whereby each nation pledge ltSel1
not to use war as an instrument
of national policy. This outlaWry
of war has rarely been referred to
as international law, but Secretary
Stimson insists that those who are
technical about it might well eX-
anime the features of this treaty
which, in a sense, superseded all
previous international law and prece-
dents and established for the ma
tions of the world a new policy.
Mr.. Stimson drew attention to the
fact that besides Germany, the
signers of the treaty included Japan
and China, Ethiopia, as we'll as the
victims of aggression - Norway,
Denmark and Holland.
u. S. Role Debated.
The purpose of the Kellogg
BRAND treaty was to mobilize the
opinion of mankind against aggres-
eor states which resorted to war.
Often after the treaty was signed,
the big question asked in interna-
tional councils was what the United
States would do or say If a nation
broke the treaty. The expectation
of the statesmen of the world who
formulated the treaty was that the
United States would refrain from
giving aid to the aggressor. Other
views expressed at the time by
authorities in the field OF inter-
national law was that the signatory
nations were morally pledged not
to aid the aggressor.
President Hoover never made any
public expression in behalf OF the
United States as to what American
policy would be in any given con-
tingency, but there can be no doubt
that he and other Americans OF
prominence, irrespective of party,
felt that if America chose not to
aid the aggressor state or to aid
victims of the aggressor, the decision
would be in conformity with the
new concepts of international law.
This point Of view was held long
before the present war broke out
and represents what may be called
the latest conception Of interna-
tional law. The United States
signed the Kellogg-Briand Treaty
and It's signature on that pact, which
denounced aggressors and the use
of war as an instrument OF natlonal
policv constitutes a moral pledge to
refrain from aiding the aggressors,
syen If 1t does not specifically COM
NIT America to policy OF aid TO
the victims of aggression.
Gives Justification for Aid.
There may or may not be SOUND
reasons why the United States
should withhold aid from the VIC
tins of aggression, but if the Amerl-
can Government wishes to extend
aid, such a step is then taken IN
nursllance of a solemn declaration
of attitude toward aggressive war
which was approved by the over
whelming vote of the Senate. i
There is nothing in the text OF
the treaty which speaks Of wars OF
aggression as such, but war ltsel!
is renounced, the implication, OF
course, being that the law OF SELF
defense Is in no way repealed. The
language of the Kellogg-Brlano
Treaty could become the keystone
~ American policy and the justi-
fcation for the phrase arsenal OF
the democracies" recently used by
Roosevelt.
The Kellogg pact declares:
Article 1.-The high contracting
parties solemnly declare In the
names of their respective peoples
that they condemn recourse to war
for the solution of international con-
troversies, and renounce 1t as an In
strument Of national policy in their
relations with one another.
Pacific Means Prescribed.
sArticle 1.-THE high contracting |
parties agree that the settlement or
solution of all disputes or conflicts
of whatever nature or of whatever
origin they may be, which may arise
among them, shall never be sought
except by pacific means"
This was proclaimed July "a, 1929,
and, while it is true that Herr Hit
Ter came into power in February,
1888, and repudiated all treaties, the
United States Government has never
done so. The pact therefore con-
tains as much of moral obliga-
ton upon America, today as 1t did
In 1929, to consider international
law to be what Is contained in the
pact of Paris and not the numerous
precedents and cases that governed
neutrality prior to that date.