the civilized states and peoples, and may be regarded
as strong evidence of the intention to brand aggressive war as an
international crime.
At the meeting of the Assembly of the League of Nations on 24
September 1927, all the delegations then present (including the
German, the Italian, and the Japanese), unanimously adopted a
declaration concerning wars of aggression. The preamble to the
declaration stated:
"The Assembly:
Recognizing the solidarity which unites the community of nations;
Being inspired by a firm desire for the maintenance of general
peace;
Being convinced that a war of aggression can never serve as a
means of settling international disputes, and is in consequence an
international crime . . ."
The unanimous resolution of 18 February 1928 of 21
American republics at the Sixth (Havana) Pan-American Conference,
declared that "war of aggression constitutes an international
crime against the human species".
All these expressions of opinion, and others that could be cited,
so solemnly made, reinforce the construction which the Tribunal
placed upon the Pact of Paris, that resort to a war of aggression is
not merely illegal, but is criminal. The prohibition of aggressive
war demanded by the conscience of the world, finds its expression in
the series of pacts and treaties to which the Tribunal has just
referred.
It is also important to remember that Article 227 of the Treaty
of Versailles provided for the constitution of a special Tribunal,
composed of representatives of five of the Allied and Associated
Powers which had been belligerents in the first World War opposed to
Germany, to try the former German Emperor "for a supreme offense
against international morality and the sanctity of treaties."
The purpose of this trial was expressed to be "to vindicate the
solemn obligations of international undertakings. and the validity of
international morality". In Article 228 of the Treaty, the
German Government expressly recognized the right of the Allied Powers
"to bring before military tribunals persons accused of having
committed acts in violation of the laws and customs of war".
It was submitted that international law is concerned with the
actions of sovereign States, and provides no punishment for
individuals; and further, that where the act in question is an act of
State, those who carry it out are not personally responsible, but are
protected by the doctrine of the sovereignty of the State. In the
opinion