vention nowhere designates such practices as
criminal, nor is any sentence prescribed, nor any mention made of a
court to try and punish offenders. For many years past, however,
military tribunal;, have tried and punished individuals guilty of
violating the rules of land warfare laid down by this Convention. In
the opinion of the Tribunal, those who wage aggressive war are doing
that which is equally illegal, and of much greater moment than a
breach of one of the rules of the Hague Convention. In interpreting
the words of the Pact, it must be remembered that international law
is not the product of an international legislature, and that such
international agreements as the Pact of Paris have to deal with
general principles of law, and not with administrative matters of
procedure. The law of war is to be found not only in treaties, but in
the customs and practices of states which gradually obtained
universal recognition, and from the general principles of justice
applied by jurists and practiced by military courts. This law is not
static, but by continual adaptation follows the needs of a changing
world. Indeed, in many cases treaties do no more than express and
define for more accurate reference the principles of law already
existing.
The view which the Tribunal takes of the true interpretation of
the Pact is supported by the international history which preceded it.
In the year 1923 the draft of a Treaty of Mutual Assistance was
sponsored by the League of Nations. In Article I the Treaty declared
"that aggressive war is an international crime", and that
the parties would "undertake that no one of them will be guilty
of its commission". The draft treaty was submitted to 29 states,
about half of whom were in favor of accepting the text. The principal
objection appeared to be in the difficulty of defining the acts which
would constitute "aggression", rather than any doubt as to
the criminality of aggressive war. The preamble to the League of
Nations 1924 Protocol for the Pacific Settlement of International
Disputes ("Geneva Protocol"), after "recognising the
solidarity of the members of the international community",
declared that "a war of aggression constitutes a violation of
this solidarity and is an international crime." It went on to
declare that the contracting parties were "desirous of
facilitating the complete application of the system provided in the
Covenant of the League of Nations for the pacific settlement of
disputes between the States and of ensuring the repression of
international crimes." The Protocol was recommended to the
members of the League of Nations by a unanimous resolution in the
assembly of the 48 members of the League.
These members included Italy and Japan, but Germany was not then
a members of the League. Although the Protocol was never ratified, it
was signed by the leading statesmen of the world, representing the
vast majority of