4
Dec. 45
that
war was ceasing to be the normal or the
legitimate means of settling international
disputes. The express condemnation of wars of
aggression, which I have already mentioned,
supplies the same testimony. But there was, of
course, more direct evidence pointing in the
same direction. The Treaty of Locarno of the
16th October 1925, to which I shall have
occasion to refer presently, and to which
Germany was a party, was more than a treaty of
arbitration and conciliation in which the
parties undertook definite obligations with
regard to the pacific settlement of disputes
which might arise between them. It was, subject
to clearly specified exceptions of self-defense
in certain contingencies, a more general
undertaking in which the parties to it agreed
that "they would in no case attack or
invade each other or resort to war against each
other." And that constituted a general
renunciation of war, and it was so considered to
be in the eyes of international jurists and in
the public opinion of the world. The Locarno
Treaty was not just another of the great number
of arbitration treaties which were being
concluded at this time. It was regarded as a
kind of cornerstone in the European settlement
and in the new legal order in Europe in partial,
just, and indeed, generous substitution for the
rigors of the Treaty of Versailles. And with
that treaty, the term "outlawry of war"
left the province of mere pacifist propaganda.
It became current in the writings on
international law and in the official
pronouncements of governments. No one could any
longer say, after the Locarno Treaty no
one could any longer associate himself with the
plausible assertion that at all events, as
between the parties to that treaty, war remained
an unrestricted right of sovereign states.
But,
although the effect of the Locarno Treaty was
limited to the parties to it, it had wider
influence in paving the way towards that most
fundamental, that truly revolutionary enactment
in modern international law, namely, the General
Treaty for the Renunciation of War of 27 August
1928, the Pact of Paris, the Kellogg-Briand
Pact. That treaty, a most deliberate and
carefully prepared piece of international
legislation, was binding in 1939 on more than 60
nations, including Germany. It was, and it has
remained, the most widely signed and ratified
international instrument. It contained no
provision for its termination, and it was
conceiver!. as I said, as the cornerstone of any
future international order worthy of the name.
It is fully part of international law as it
stands today, and it has in no way been modified
or replaced by the Charter of the United
Nations. It is right, in this solemn hour in the
history of the world, when the responsible
leaders of a state stand accused of a
premeditated breach of this great treaty which
was, which remains, a source of hope and of
faith for mankind, to set out in detail its two
operative articles and its Preamble. Let me read
them to the Tribunal-first the Preamble, and it
starts like this: