Evening star., 1955-11-11
Lows and the Lowless

marily to discuss European Sc
curity. This goal. the West in
sists, cannot be attained with
out German reunification. The
Soviets, on the other hand.
clamor for the dishandment o.
NATO as a first step. But,
whatever agreement might
eventually be reached at Ge-
neva at this time, or elsewhere
at some future date, 1t win
have to take on a contractual
form. A treaty viii have to be
signed, which will become the
law of this land, and which,
If 1t is to be effective. must be
similarly accepted by the other
countries that ratify it. The
preliminary question therefore
arises: Do the Soviets recognize
the binding nature of interna-
tional treaties?
According to the classical
concept. municipal and inter-
national law is not merely a
technical formula. or a tool in
the hands of those who gov
ern. II has intrinsic worth.
Law reflects the religious. phil
osophical and moral concepts.
and the notion of justice. that
are inherent In Western civili-
zation.
To the Communists, however,
law is something entirely diff
ferent. Like morality, justice
and religion. it Is merely part
OF the superstructure erected
on foundations of economic
production. Law. for the Marx
lists. is not a precious agent for
securing human justice, nor
does It have value In itself. It
Is only a means at the disposal
Of the government to reach its
political objectives. an instru-
ment In class warfare for the
liquidation of capitalism and
the advent Of communism.
Socialist law - as the
Communists call 1t - was
authoritatively defined in the
Soviet official publication Dip
lomaticky Slouar diplomatic
Vocabulary, as late as in
1850, as follows:
Law Is the aggregate Of
norIns expressing the win of
the ruling class. which are
sanctioned by the power OF
the state. and which are guar
anteed by the coercive force
OF the state. for the purpose
Of safeguarding. Of console
dating, and of developing So
cial relationships and orders
advantageous to, and expedi-
ent to the dominant class"
The 1886 constitution Of the
Soviet Union affirrns that the
USSR is a socialist state. q
classics society where there
are no exploiters and no ex-
plotted, no oppressors and no
oppressed. Yet law is off,
cially defined as expressing
the viii Of the ruling class! In
other words. Soviet socialist
law is welded at the con-
venience Of the Communist
Party. Nor does this apply to
domestic law alone: +Interna-
tional law Is only a continual
tion Of domestic policy. but
with other means" said Lenin.
according to the Moscow
Prada.
Treaties concluded by the
Communists with non-C Com
fnunist countries are regarded
by them as means for the
furtherance Of socialist class
justice against the ''bour-
geois justice" Of the capitalist
countries. This Is amply
proved by the record.
There is a correlation be-
tween peace and law. and. for
the democratic nations, both
are valuable objectives in
themselves. The crucial ques-
.tion is whether peaceful rela-
tions between nations can be
established on the basis Of q
concept Of law considered and
used by the Soviets and their
satellites only as an instru-
rnent at the disposal of their
governments to carry on eff
fectively, in the field of inter-
national relations, class war
fare for q goal specified by
Marx and Lenin. A Soviet ju-
rist, E. Korovin, writing in the
American Journal OF I1iternd-
tionGl LnD in 1946 seems to
provide the answer. There is
not and cannot be- Korovin
stated, "a code Of interna-
tional law which would be
equally acceptable to the cam
nibal and to his victim. to the
aggressor and to the lover Of
freedom"
Stefan Osusky,
Member international COM