obligations of a treaty or qualify its stipulations, except with the consent of the contracting Parties by way of an amicable agreement.' This declaration was, of course, applicable to the treaties guaranteeing the neutrality of Belgium.

Article I of Convention V of 1907 was ratified by Germany, and while, as noted above, it was not binding legally, it nevertheless was binding morally. It is a statement of the principle which all nations ought to respect even in the absence of a special agreement, that neutral territory should be respected by belligerents. "When," said former Secretary of State Root, " we recall Mansfield's familiar description of international law as founded upon justice, equity, convenience, the reason of the thing, and confirmed by long usage,' we may well ask ourselves whether that general acceptance which is necessary to the establishment of a rule of international law may be withdrawn by one or several nations and the rule be destroyed by that withdrawal so that the usage ceases and the whole subject to which it relates goes back to its original status as matter for new discussion as to what is just, equitable, convenient and reasonable." 2 It was with some of the considerations mentioned above in his mind, that President Wilson declared that "Belgium, the whole world will agree, must be evacuated and restored. . . . Without this healing act the whole structure and validity of international law is forever impaired." 3

The Covenant itself is calculated to strengthen that principle of international law which recognizes the sanctity of treaties. It provides (Article XVIII) that every treaty

1 British Foreign State Papers 61, pp. 1198-1199.

2 "The Outlook for International Law," World Peace Foundation, Vol. VI, No. 3, June, 1916. An address before the American Society of International Law, Dec. 28, 1915. Italics mine.

or international engagement entered into by any member of the League must be immediately registered with the Secretariat, and that no such agreement is binding until so registered. The Assembly may advise the reconsideration by members of the League of treaties which have become inapplicable; this provision will prevent the existence of a great many obsolete, confusing treaties. One of the chief causes for the breach of treaties in the past has been the desire for selfish gain or for conquest. Many treaties which might be conducive to such desires will be abrogated under Article XX of the Covenant which provides for the abrogation of all obligations or understandings existing among the members of the League which are inconsistent with the terms of the document itself. The members likewise agree not to enter into such understandings in the future. It is also made the duty of any member which, before becoming a member, undertook an obligation inconsistent with the terms of the Covenant, to take immediate steps to secure its release from such obligations (Article XX, 2).

CHAPTER VI

IN CERTAIN CASES WAR MADE AN ILLEGAL PROCESS BY

THE COVENANT

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TODAY," said Premier Lloyd George, "we are waging the most devastating war the world has ever seen. Tomorrow, tomorrow, not perhaps distant tomorrows, war may be abolished forever from the category of human crimes." 1 Former Secretary of State Knox likewise suggested in the Senate that an International League embracing all nations should be formed and one of the provisions of its constitution should declare that war is to be an international crime and that any nation engaging in war, except in self-defense when actually attacked, shall be punished by the world as an international criminal.” 2 The distinguished Belgian Professor of international law, Henri La Fontaine, urged in 1917 that as a new principle of international law "war should no more be considered as a legal institution, because it is a crime and should be considered as such." " Theodore Marburg, former United States Minister to Belgium, urged the adoption of a similar principle. "Society," he said, "implies restraint. We can have no liberty without a surrender of license. The one license which it has become perfectly clear the nations must surrender is the license to make war at will.” 4

1 Quoted by Congressman James L. Slayden of Texas from a speech delivered by Mr. Lloyd George in London. Annals Am. Acad. Pol. and Soc. Sci., July, 1917, p. 101. Speech in the United States Senate, March 3, 1919, Boston Evening Transcript, March 3, 1919.

"On What Principles is the Society of States to be Founded?" Annals Am. Acad. Pol. and Soc. Sci., July, 1917, p. 90.

"Sovereignty and Race as Affected by a League of Nations," Ibid., p. 143.

Just how far does the Covenant actually illegalize war? By the preamble the high contracting parties accept “obligations not to resort to war" in order that international coöperation may be promoted and international peace achieved. They then recognize (Article VIII, 1) that the maintenance of peace requires the reduction of armaments to the lowest point consistent with national safety and the enforcement by common action of international obligations. The provisions of Article VIII are corollary to those of Article X which illegalize wars of conquest or external aggression, leaving the members of the League to be concerned only with their own national safety and with their international obligations. In order to realize the ends set forth in the preamble and in Articles VIII and X, the members of the League condemn the manufacture by private enterprise of munitions and implements of war and establish a permanent commission (Article IX) to supervise the reduction of armaments. They also declare that any war or threat of war is a matter of concern to the whole League" (Article XI).

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With the exception of Article X, the above considerations do not specifically illegalize war, but they show that the whole spirit of the Covenant is to prevent war; they deal mostly with preventive means.

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In a question submitted to arbitration or to inquiry the members agree in no case to resort to war until three months after the award by the arbitrators or the report by the Council" (Article XII). But if the report by the Council is unanimous, excluding disputants, the members agree that they will not go to war with any party to the dispute which complies with the recommendation of the report (Article XV, 6). As regards disputes submitted to arbitration, the members agree (Article XIII, 4) that they will

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not resort to war against any member which complies with the award. Since by Article XII the members agree to submit, either to arbitration or inquiry, any dispute likely to lead to a rupture," it is clear that war is illegalized in the cases considered. These cases may be summarized as

follows:

1. A war of conquest or external aggression is illegal; 2. A war resorted to by one member after the matter in dispute has been the subject of an arbitral award which is complied with by the other disputant, is an illegal war;

3. A war is illegal if resorted to by a member in disregard of a unanimous recommendation by the Council (excluding disputants) which is complied with by the other disputing member;

4. All wars between members of the League are illegal if begun before a delay period of from three to nine months has elapsed.

It is agreed (Article XVI, 1) that if a member resorts to war in "disregard of its covenants under Articles XII, XIII, or XV, it shall ipso facto be deemed to have committed an act of war against all other members of the League," and shall be liable to the consequences laid down in that article. The League may resort to war, as an ultimate sanction to uphold the agreements made by members who have pledged themselves not to go to war in certain cases. This is not war in the old sense; it is an exercise of the combined police power of the League against members who have agreed in advance to make themselves liable to this police power. The exercise of this power by the League is authorized only to uphold and protect the Covenant the underlying spirit and tenor of which is to prevent war and to make it illegal. It is, in accordance with the recommendation of the French Association for the Society of