OUTIA'VRY 0? WAR ^ c^/^T^TOTvi n, LKVTTT90N r r.-f- • • ■> - J December 25, 192 1 UNIVERSITY of CALIFORNM AT LOS ANGELES LIBRARY ISSUED BY THE AMERICAN COMMITTEE FOR THE OUTLAWRY OF WAR 76 WEST MONROE ST. CHICAGO, ILL. i n 1 .* ! .r '■• ••. ••■ .• •• • • • < • • • • • • • V ' SL I dSZ Introduction >..u -? War between nations with all its attendant horrors has always been, and is now, perfectly legal. A direct attack by one nation on another, no matter how un- justified, is a legal procedure. Even the Kaiser was vio- lating no known law by declaring war in 1914. What- ever value wars may have had in the past, these last years have shown modern war to be so terrible an in- strument, so far reaching in its destruction and the re- ^ suits of that destruction, that its use in our closely inter- ^ dependent present-day civilization jeopardizes the very life of that civilization. ^ 4 The appeal to force, therefore, between nations as between individuals, is, under existing conditions, intol- erable and should be forever outlawed. This was the method by which the legal war between individuals, called duelling, was abolished — the institution was made a crime and punished as such. The nations can do the ^; same for war, and establish orderly legal procedure to settle their disputes, and make war between nations a ^ public crime under an international code of law. I In any reform there are two elements — the principle ^ and the methods by which the principle is made effective. ^ The following pages contain a statement of the principle and certain suggestions as to how it can be carried out. oX They have been carefully prepared, and no less an au- thority than the late Senator Knox (Secretary of State under President Taft) believed them to be practicable. But like all questions of method they are subject to sug- gestion and modification. Whether they shall be en- forced by President Harding's Association of Nations, by some modified form of the present League, by a future Hague Conference, or by some machinery yet to be created, — does not impair the validity of the principle of the outlawry of war. Salmon O. Levinson, Chairman Mrs. B. F. Langworthy, Secretary Margaret Dreier Robins F. R. Moulton Raymond Robins Edward Osgood Brown Albert H. Loeb Mrs. William S. Hefferan Mrs. A. G. Becker Joseph M. Artman Milton F. Goodman Mrs. Russell Tyson Committee. OUTLAWRY OF WAR "If I catch the conscience of America we'll lead the world to outlaw war." Senator Harding, September 4, 1920. "Let us give of our influence and strength, yea, olF our aspirations and convictions, to put mankind on a higher plane, with war's distressing and depressing trag- edies barred from the stage of righteous civilization." "There must be, there shall be, the commanding voice of a conscious civilization against armed warfare." President Harding at Arlington, November 11, 1921. "The call is not of the United States of America alone, it is rather the spoken word of a war- weary world, struggling for restoration, hungering and thirsting for better relationship; of humanity crying for relief and craving assurances of lasting peace." "Contemplating the measureless cost of war and the continuing burden of armament, all thoughtful peoplevS wish for real limitations of armament and would like war outlawed." President Harding Keynote Conference Address— November 12, 1921. "As soon as world conditions permit participation therein by all peoples, initiate an international conference to formulate for submission to the nations of the world with a view to adoption by them, an arrangement providing for the codification of international law, the establisment 8 of a court of international justice and the outlawry of war. This arrangement to be as complete, comprehensive and compelling as shall be consistent with human rights and human liberty and with the progress of civilization." P. C. Knox Speech in U. S. Senate — May 5, 1920 "Above all, making sure that war shall henceforth be declared to be a crime punishable by the law of na- tions." Lloyd George, Great Britain's Peace Aims June 1918. "War in itself and for itself is the greatest crime in the world and the glory of victory pursued for itself is a crime. This world is made for peace and for work in peace time. The first duty is to work for our people, not to fight." Marshal Foch, Detroit, November 7, 1921. Foreword By Dr. John Dewey, Columbia University. There are at least some persons who in the days just before and after the Armistice favored a League of Na- tions who afterwards changed their mind. As one such person I should like to mention two reasons for the change, not for controversial purposes or to make a contrast which Mr. Levinson has himself wisely refrained fr6m making, but for the sake of indicating why those who favored the League and those who now oppose it should unite in favoring the plan for a world court based upon world codification of international law having for its major premise the outlawry of war. The peoples of the world are not yet educated enough in international affairs to guarantee the successful workings of a political League, even supposing the idea is inherently desirable. And any present scheme is bound to make much of the sanction of physical force against recalcitrant nations. In that way, it continues the old tradition of the lawfulness of war. What the world now needs is enlightenment and a concentration of moral forces. The plan suggested by Levinson is simple and understandable. Like all really simple and intelligible propositions, it goes to the root of the situation. Above all it does more than any other plan yet proposed to provide natural and orderly agen- cies for enlightening the peoples regarding disputes among nations, and for concentrating all the moral forces of the world against modern war, that abomination of abomi- nations. If we cannot trust to the good-will and good faith of the peoples of the world expressing the common purpose and judgment through law, the only means of expression the world has discovered for all other disputes, no political machinery will work and the world is doomed to war and doomed by war. 7 Foreword By Judge Edward O. Brown, Chicago, III. Dr. Dewey's foreword to Mr. Levinson's interesting and significant brochure speaks for those who just before and after the Armistice favored a League of Nations, and subsequently changed their minds. I have been in favor of the League of Nations from the day that the plan for it took form in 1915, — and have not changed my mind. It is not my purpose to be controversial any more than it was Dr. Dewey's. I will not therefore undertake to give reasons for my belief that the solidarity of civiliza- tion has been advanced by the actual definite existence of the League of Nations even in its present defective and inefficient form — a form which must continue to be defec- tive and inefficient until the United States and Germany are both members of it. I am merely stating my belief and position to emphasize my opinion, as it is Dr. Dewey's, that there is no reason why friends a;nd foes of the League as it exists or as it may be amended should not unite in favoring the plan which Mr. Levinson has so forcefully outlined. It seems to me incredible that any man can approve or defend war as a method of settling disputes between races, peoples or nations. If he does so, he is preaching the devil's doctrine. Defense of ourselves and of others at- tacked aggressively and wantonly may compel resort to any arms that may be available, and even the virtues which may show themselves in such a defensive war are the product of prior peaceful times, while the vices which become rampant and widespread during and after it are developed and aggravated by the war itself. Attempts to render war less cruel or savage by formu- lating so-called "laws of war" and to provide for its conduct humanely are food to the gods for laughter! You cannot feed tigers on oranges. But to formulate and codify laws, rules and decisions which shall "outlaw" aggressive war and declare it to be the chief of crimes and thereby prevent it, ought not to be a hopeless endeavor. Such a noble effort Mr. Levinson is trying to foster. The heart of his plan, as I view it, is the codification of International Law, by leading jurists of the world, with all civilized nations participating, and the establishment of a permanent International Court with real jurisdiction to take cognizance of offenses against such a Code, and to hear and determine purely international disputes. Whatever may be the merits or defects of the Present League of Nations neither that nor any other association of nations that takes its place can be of its proper benefit to the world without such a codification and such a Court. Foreword By Col. Raymond Robins, Chicago, 111. The people of the world are ready and eager for the next step in the slow advance from savagery toward inter- national civilization. They believe that the boundless sacrifices and sufferings of the Great War should have some milestone of progress in the moral code of mankind. They want war unmasked and declared in inter- national law to be what it is in fact, the supreme enemy of the human race. They want the conscience of men everywhere to think of war, not as an honorable profession, not as the path to glory and power, but as the arch murderer of the youth of the race — the master assassin of motherhood and the home. They want war revealed as the paralysis of produc- tion and the suicide of commerce, the betrayal of brother- hood, the poison in the cup of good-will between the nations of the earth, the forerunner of pestilence and famine, spreading ruin and desolation alike upon the victors and the vanquished and crucifying Christ afresh on every battlefield. They want war outlawed as a crime against the law of nations and the life of humanity. They want militarists branded as super felons among the criminals of the earth. Let the first step toward the outlawry of war be taken by the conference now at Washington, and it will in this act alone, mark an epoch in the life of the race and lift mankind to new levels of moral understanding and power. This step would begin the liberation of the people from the age long thraldom of the Sword and prove that the countless dead on all the battlefields of the Great War have not died in vain. 10 PLAN TO OUTLAW WAR* A Conference of all civilized nations to be called for the creation and codification of international law; the code to contain, among other things, the following provi- sions, with which none of the other provisions of the code shall be in conflict: 1. The further use of war as an institution for th'e settlement of international disputes shall be abolished. 2. War between nations shall be declared to be a public crime, punishable by the law of nations. 3. War shall be defined in the code and the right of de- fense against actual or imminent attack shall be preserved. 4. All annexations, exactions or seizures, by force, duress or fraud, shall be null and void. 5. An international court with affirmative jurisdiction over purely international disputes shall be created modelled as nearly as may be on the jurisdiction of the United States Supreme Court over controversies between states. All purely international disputes as defined by the code shall be decided and settled by the international court sitting as a judicial body, which shall be given juris- diction over all parties to a dispute upon the petition of any party to the dispute or of any signatory nation. 6. All nations shall agree to abide and be bound by and in good faith to carry out the orders, decrees and decisions of such Court. 7. One nation cannot summon another before the International Court except in respect to a matter of international and common concern to the contending nations, and the jurisdiction of the court shall not extend to matters of governmental, domestic or protective policy *Formulmt«