CHAPTER III

LEAGUE OF NATIONS--THE SCHEME

_If any peace after the War is to be permanent there must

be a settlement not only between territorial claims but

an arrangement with regard to the machinery by which

peace will be maintained in the future._

Perhaps the most convenient way to gain a more definite idea of what the

proposal for a League of Nations really means, to understand both its

advantages and the difficulties involved in it, may be to follow the

debate on the subject initiated by Lord Parmoor in the House of Lords in

March of 1918. It shows that the idea of a League of Nations to prevent

war is taking definite shape, and is not regarded by practical

men--statesmen with experience of the actual conduct of international

affairs, and lawyers who as members of the judicial committee of the

Privy Council have had to devote their attention to questions of

international law--as outside the range of practical politics. It shows

also that the idea will stand the test of discussion and calm criticism.

Lord Lansdowne--to whom, whatever may be thought of some recent

utterances, the country owes a debt of gratitude too little recognised,

especially for his conduct of foreign affairs at a most difficult period

during the Boer War--stated his opinion that "in a league pronouncing a

sentence of international outlawry upon any one country that broke away

from its obligations you would have a material guarantee for the

maintenance of peace." He pointed out how "the existence of such a

league might perhaps have prevented the War in July of 1914, as it was

impossible in that time of clamour and confusion when one suggestion

after another made by those who, like Sir Edward Grey, were working for

peace was rejected, to put forward a definite proposal for dealing with

the dispute in a manner provided for by previous agreement." Lord

Parker, whose authority carries the greatest weight with jurists

everywhere, having the true lawyer's instinct for putting vague

proposals into definite shape, actually presented a draft of heads of

agreement for the establishment of a League.[1] These heads would, to

say the least, form the basis for discussion leading to practical

results. One or two of his proposed clauses may be quoted as expressing

in definite language the fundamental principles which must be the basis

of any such League. The first may appear perhaps only a "pious opinion."

It is really very much more. Assent to it means the complete repudiation

of the ideas which have guided German policy--the ideas which made world

war inevitable, and which will inevitably lead to war in the future

unless they are abandoned. Any nation which assents to the clause tells

the world that it expressly rejects those ideas and agrees that its

action shall be guided by principles diametrically opposed to them.

Assent to a declaration of the kind suggested would certainly affect the

spirit in which international questions are approached in future, and

probably the resulting action also. It runs:

"The League to recognise that war from whatever cause is a danger to our

common civilisation, and that international disputes ought to be settled

on principles of right and justice and not by force of arms." The last

clause dealing with the admission of new members of the League is the

complement of this. There is to be power "to admit a nation as a member

of the League, if satisfied in each case that the nation bona fide

accepts the principle on which the League is founded, and bona fide

intends that international disputes shall thereafter be settled by

peaceful means." It is contemplated, and rightly contemplated, that

there should be a possibility for the Central Empires to join the League

sooner or later, but it can only be on terms of their rulers at the time

saying expressly, "We abjure in the sight of the world and of our own

people those principles of action which German rulers and leaders of

thought have been inculcating for two generations." The choice for

Germany would be either to stand excommunicated from the brotherhood of

nations for ever, or to say plainly, "I declare what my professors and

schoolmasters have for half a century had to teach to be false; the

doctrines of Treitschke and of his disciple von Bernhardi are anathema;

it is infamous to adopt the statement of the German writer that 'It is

of no importance to me whether an action is just or unjust,' or that 'If

I am powerful enough to perform any deed, then I am justified in doing

it.' I renounce such leaders and teachers and all their words and works,

so that I will not follow or be led by them." It may be urged that the

recantation might not be sincere, but it would discredit the authority

of those who attempt to revive the damnable doctrines.[2]

The great difficulty, of course, arises as to the means of enforcing the

agreement against war, of finding some proper and effective sanction to

secure its observance. It may be well to note that throughout this

discussion the word sanction is used in the strict legal sense, meaning

some definite penalty or punishment to be inflicted on a wrong-doer. It

is the existence of such a "sanction" which is the clearest way of

enforcing obedience, and gives a rule of conduct the force of law.

Two definite proposals are made in Lord Parker's scheme. (1) "If an act

of war be committed against any member of the League, the Council is to

notify it, and thereupon every member should (_a_) break off diplomatic

relations with the nation guilty of such act; (_b_) prohibit and take

effective steps to prevent all trade and commerce between itself and the

guilty party; (_c_) place an embargo upon all ships and property of the

guilty nation found in its territorial waters or within its

territories."

A very similar suggestion, though not quite so definite, was made by the

present writer in an article on "Sanction in International Law," which

appeared in the Italian Journal "Scientia" in 1916. "The nations might

agree that any belligerent which wilfully violates or invades neutral

territory shall be treated as a moral leper. Without actually going to

war they should cease to have dealings with the invader, forbid all

intercourse of their subjects with the country which violates the

neutral territory."

For the sake of brevity this may be called the "economic boycott," but

it is really very much more than simply economic pressure. It is a

common habit in political discussions to confuse very different things,

to which the same name is given, and the term "economic boycott" is

being used to cover three proposals of very different character. (_a_)

It may mean a permanent exclusion of Germany from the markets of the

world to punish its people for supporting the crimes of its rulers and

incidentally to secure for ourselves a valuable extension of trade by

reason of the exclusion of a rival. (_b_) It may mean a temporary

measure to insure that agreed terms of peace are observed by those who

disregard "mere scraps of paper," to act as a guarantee that restitution

shall be made for wrongs done, to check the revival and extension of the

enemy's armaments, to make the German people feel the disadvantages and

loss caused by their action, and the desirability of joining with

others in repudiating war as a means of settling disputes or asserting

national claims. (_c_) It may mean a sanction for breach of the

stipulations contained in the agreement on which the League of Nations

is founded, i.e., a punishment to be inflicted on anyone who infringes

the agreement he has made--a means of insuring performance of its terms.

It is in this last sense that it is used in the present discussion.

(2) The second sanction proposed in the scheme is of a still more

serious character. The clause to embody it runs as follows:

"Certain members of the League specified in a schedule and to consist of

the chief military and naval powers, should agree, if required to do so

by a resolution of the League, to commence war against the guilty

nation, and to prosecute such war by land and sea until the guilty

nation shall have accepted terms which shall be approved by the League."

This proposal might more effectually prevent wrong-doing, but, even if

carefully guarded as Lord Parker proposes, appears open to serious

objections. There seems grave reason to fear that while intended to

prevent war, it might really be the cause of disputes, and possibly of

war of the most deadly kind. Such a stipulation might cast a terrible

burden on a strong naval power like Great Britain, and have most

disastrous consequences. We are bound to maintain a strong navy to keep

open communication between the different parts of the Empire and also to

protect our food supplies. Without sea power Britain could in a few

months be starved into submission to any terms in case of war, but to

maintain a large navy to be at the beck and call of a Council

representing all the nations who cared to join the proposed League would

be intolerable. Suppose, for example, the United States demanded

satisfaction for some outrage on American subjects, or suppose American

subjects were threatened with massacre in some unsettled country such as

Mexico, and in order to obtain satisfaction or to protect its subjects

sent some warships to a Mexican port and landed an armed force, not with

any object of aggression, but to prevent irreparable injuries. Suppose

Great Britain was of opinion that the American demand was amply

justified, but that a majority of representatives of the League, or

even, as Lord Parker's scheme suggests, a majority of the powers named

in the Schedule, took a contrary view and called on Great Britain to

fulfil the agreement to use her naval force and commence and prosecute

to the bitter end a war against the United States because its Government

had acted at once instead of waiting while the representatives of a

score of other nations were discussing whether any action was

permissible. Would not the alternative between breaking the engagement

and undertaking a bitter and ruinous war against a powerful and friendly

nation put us in an intolerable position? Half a dozen States in the

League might for one reason or another wish to resist the claim of the

United States for redress. Names of States which might possibly so

combine could be given, but it is better to refrain. It is not

inconceivable that German penetration and intrigue at some future time

might promote a combination of the kind. All sorts of influences might

be brought to bear on certain of the States and on their

representatives. Dynastic claims might even affect them.

Unless it be with some country which she can trust and whose Government

and its aims she can thoroughly rely upon, and then only for some

limited and specific purpose, Great Britain, or any other naval or

military power, ought not to bind itself to go to war and employ its

forces. We must be free to reduce those forces or to refrain from

employing them in making war. An engagement which might in

circumstances, the real character of which no one can foresee at

present, compel us to undertake a war at the bidding of others is a

thing to which we ought never to consent. Engagements to make war are

not a safe way of promoting peace. They may possibly be justified where

there is some clearly specified object, some defined case in which

nations ally themselves to prevent some particular wrong, such, for

example, as guaranteeing the neutrality of Belgium. Even for a single

specific agreement of this kind a very strong case is required, but that

is a totally different thing from agreeing to provide a kind of world

police to enforce and execute the orders of a Council of heterogeneous

States under conditions the nature of which no one can predict now. We

cannot tell beforehand with any certainty what will be the real

character of the proposed League Council, nor what motives may inspire

its members at some future time, nor whom the majority of them will in

fact represent. It does not necessarily follow that there can be no

sanction of any kind to enforce the rules of International Law or the

decisions of a League of Nations to prevent a breach of international

peace, no penalty attaching to those who disregard those rules or are

guilty of breaking that peace. As already stated, the economic boycott,

every member of the League agreeing to treat an aggressor as an outlaw,

and without actually going to war ceasing to have any dealings with him,

and forbidding all intercourse of its subjects with the peace-breaker,

is likely to be really effective. Lord Shaw, whose interest in the

subject is no new thing, and who has devoted long and careful

consideration to it, later in the debate gave the weight of his

authority as to the efficacy of such measures. "Let it," he said, "be

known once and for all that from the moment a nation becomes a traitor

to the League it becomes, _ipso facto_, an economic outlaw, then the

motive both for being included within and for remaining within the

League will be increased a hundredfold, and wholly for the benefit of

mankind."

Of course, logically many of the objections which can be urged against

an agreement to make war might also be urged against an agreement for a

boycott of this kind, but in practice the risks in the case of the

boycott would be far less serious. Members of a club might well agree to

expel and to cut a member who assaults another, but it would be a

different matter to agree that, they should be able to order the

strongest man in the club to go to his house and thrash the offender

until he makes such compensation as may seem satisfactory to them. A man

who objected to be put on a "schedule" of members liable to be deputed

for such a mission would not necessarily be a coward. He might possibly

think that the member assaulted did in fact deserve a horse-whipping,

though he might deprecate such a proceeding, and consider that the

affair, or the dispute between the parties, ought to have been dealt

with by the club committee as a case for expulsion. A hatred of

injustice, resentment against wrong, if it really exists in nations and

individuals, will make itself felt. Without it, formal agreements will

be found to be of little use. The objections to a League of Nations

having power practically to order certain of its members to make war do

not in any way prevent the establishment of international tribunals

being followed by useful results. Without any express sanctions to

enforce them as above suggested, their decisions will usually be obeyed

in practice. There is and will be plenty of scope for the action of such

tribunals. A nation may hate war, may recognise its perils and the

inevitable losses involved, but may feel that an unwarrantable claim is

being made against it which it is bound to resist. It may, however, be

perfectly willing to submit the point to any tribunal which even

purports to be impartial, and abide by its decision. In this way some

systems of law have grown up. They began by regulating procedure. Each

of two parties claimed something as his property, was ready to fight to

maintain his right; but such contests might result in injustice, and

were certainly injurious to the peace of the State. In early Roman Law

each party who claimed the object in dispute touched it with his spear,

showing his readiness to fight for it; then some respected citizen--_vir

pietate gravis_--stepped in, and each party, without fear that his

refraining from fighting would expose him to future encroachments on his

rights, could agree to abide by his decision. As time goes on, what was

merely the casual intervention of an arbitrator becomes an habitual

rule, and eventually the fixed law of the land. Custom develops by

general consent into law. Trial by combat may become obsolete in

practice even long before it becomes illegal. There are many cases in

which a man (or a nation) dare not give way, though he knows that it

will cost him more to fight the case. A rough Lancashire manufacturer

was once advised against fighting a difficult case on the ground that

the result was uncertain, and the costs would in any event be very

heavy, more than the value of the matter in dispute. He said afterwards

to his solicitor with some force, "If I give in in this, that ---- will

come into my kitchen, kick me, and ask what business I have there. No,

I'll fight him now." He brought his action and won, and found the

prediction as to costs was only too fully borne out, even though

judgment in the Court of Appeal was finally given in his favour. The man

who says he will not fight in any circumstances invites injuries, though

the man who fights when he could honourably avoid it is pretty sure to

rue his decision.

Where two high-spirited persons are engaged in a dispute, and each is

ready to maintain his cause with the sword, the intervention of a third

may save both from the disasters of a battle. The words of the Douglas

when intervening in a heated contest, "The first who strikes shall be my

foe," may sometimes be a model for the real peacemaker. But he would

certainly have resented the idea of agreeing to keep prepared, ready

armed to fight at the bidding of a number of other chiefs, anyone who

used force to prevent or punish some injury to himself.

FOOTNOTES:

[Footnote 1: The death of Lord Parker, which occurred soon after these

words were written, has deprived the country of the services of one of

the few great jurists at a time when they are most sorely needed. There

are many good lawyers, many judicial minds acute in seizing the really

relevant points in a complicated case, but very few, perhaps none, who

united to legal learning and judicial penetration so broad a grasp of

principle and appreciation of the larger issues involved in decisions

given.]

[Footnote 2: A passage in Mr. Brailsford's book on a "League of

Nations," published some months before the debate took place, but which

I had not seen when the above lines were written, puts the point most

forcibly:

"We set out to destroy Prussian militarism. It will be destroyed at the

moment when a German Government pledges itself to enter a league based

on arbitration and conciliation."]

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