Pres. Hoover enters East room, greeted by ex-president Coolidge. Pres. Hoover reading announcement of treaty. Delegates seated. CU Frank B. Kellogg. CU MacKenzie King, Prime Minister of Canada.
Green Shadow Government; "Probably the biggest news story of 1928 was the war-making nations of the world coming together on August 27th and legally outlawing war. It's a story that's not told in our history books, but it's not secret CIA history. There was no CIA. There was virtually no weapons industry as we know it. There weren't two political parties in the United States uniting in support of war after war. In fact, the four biggest political parties in the United States all backed abolishing war."
From Wikipedia, the free encyclopedia: "The Kellogg–Briand Pact (or Pact of Paris, officially General Treaty for Renunciation of War as an Instrument of National Policy[1]) is a 1928 international agreement in which signatory states promised not to use war to resolve "disputes or conflicts of whatever nature or of whatever origin they may be, which may arise among them".[2] Parties failing to abide by this promise "should be denied of the benefits furnished by this treaty". It was signed by Germany, Franceand the United States on August 27, 1928, and by most other nations soon after. Sponsored by France and the U.S., the Pact renounced the use of war and called for the peaceful settlement of disputes. Similar provisions were incorporated into the UN Charter and other treaties and it became a stepping stone to a more activist American policy.[3] It is named after its authors,United States Secretary of State Frank B. Kellogg and French foreign minister Aristide Briand.
Signatories and adherents
Dark green: original signatories
Green: subsequent adherents
Light blue: territories of parties
Dark blue: League of Nations mandates administered by parties
After negotiations, the pact was signed in Paris at the French Foreign Ministry by the representatives from Australia, Belgium, Canada, Czechoslovakia, France, Germany, British India, the Irish Free State, Italy, Japan,New Zealand, Poland, South Africa, the United Kingdom[4] and the United States. It was provided that it would come into effect on July 24, 1929.
By that date, the following nations had deposited instruments of definitive adherence to the pact: Afghanistan, Albania,Austria, Bulgaria, China, Cuba, Denmark, Dominican Republic, Egypt, Estonia, Ethiopia, Finland, Guatemala,Hungary, Iceland, Latvia, Liberia, Lithuania, the Netherlands, Nicaragua, Norway, Panama, Peru,Portugal, Romania, the Soviet Union, the Kingdom of the Serbs, Croats, and Slovenes, Siam,Spain, Sweden, and Turkey. Eight further states joined after that date (Persia, Greece,Honduras, Chile, Luxembourg, Danzig, Costa Rica and Venezuela.[5]) for a total of 62 signatories. In 1971, Barbados declared its succession to the treaty.[6]
In the United States, the Senate approved the treaty overwhelmingly, 85–1, with only Wisconsin Republican John J. Blaine voting against.[7] While the U.S. Senate did not add any reservation to the treaty, it did pass a measure which interpreted the treaty as not infringing upon the United States' right of self defense and not obliging the nation to enforce it by taking action against those who violated it.
Effect and legacy
The 1928 Kellogg–Briand Pact was concluded outside the League of Nations, and remains in effect. One month following its conclusion, a similar agreement, General Act for the Pacific Settlement of International Disputes, was concluded in Geneva, which obliged its signatory parties to establish conciliation commissions in any case of dispute.[8]
As a practical matter, the Kellogg–Briand Pact did not live up to its aim of ending war, and in this sense it made no immediate contribution to international peace and proved to be ineffective in the years to come. Moreover, the pact erased the legal distinction between war and peace because the signatories, having renounced the use of war, began to wage wars without declaring them as in the Japanese invasion of Manchuria in 1931, the Italian invasion of Abyssinia in 1935, the Soviet invasion of Finland in 1939, the German and Soviet Union invasions of Poland.[9]
Nevertheless, the pact is an important multilateral treaty because, in addition to binding the particular nations that signed it, it has also served as one of the legal bases establishing the international norms that the threat[10] or use of military force in contravention of international law, as well as the territorial acquisitions resulting from it,[11] are unlawful.
Notably, the pact served as the legal basis for the creation of the notion of crime against peace – it was for committing this crime that the Nuremberg Tribunal and Tokyo Tribunal sentenced a number of people responsible for starting World War II.
The interdiction of aggressive war was confirmed and broadened by the United Nations Charter, which provides in article 2, paragraph 4, that "All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations." One legal consequence of this is that it is clearly unlawful to annex territory by force.
However, neither this nor the original treaty has prevented the subsequent use of annexation. More broadly, there is a strong presumption against the legality of using, or threatening, military force against another country. Nations that have resorted to the use of force since the Charter came into effect have typically invoked self-defense or the right of collective defense.
References
See Certified true copy of the text of the treaty in League of Nations, Treaty Series, vol. 94, p. 57 (No. 2137)
Josephson, H. (1979). "Outlawing War:Internationalism and the Pact of Paris". Diplomatic History3 (4): 377–390. doi:10.1111/j.1467-7709.1979.tb00323.x. edit
Jump up^ Kellogg–Briand, What do they know.
Jump up^ "John James Blaine". Dictionary of Wisconsin History. Accessed Nov. 11, 2008.
Jump up^ Text in League of Nations Treaty Series, vol. 93, pp. 344–363.
Jump up^ Quigley, Carroll (1966). Tragedy And Hope. New York: Macmillan. pp. 294–295.
Jump up^ Article 2, Budapest Articles of Interpretation (see under footnotes), 1934
Jump up^ Article 5, Budapest Articles of Interpretation (see under footnotes), 1934
Wikisource has original text related to this article:
Kellogg-Briand TreatySource: http://en.wikipedia.org/wiki/Kellogg%E2%80%93Briand_Pact
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The End Of All Wars; Kellogg–Briand Pact Abolished And Outlawed All Warmongering
http://agreenroad.blogspot.com/2014/07/the-end-of-all-wars-kelloggbriand-pact.html
Although the people have spoken, and the leaders responded, there is still war happening on Earth. Although it is now illegal to wage war in the world, political leaders are now justifying 'non wars' where they take the perogative, without a mandate from their version of Congress declaring an official war, to go invade, bomb, assassinate and spend up to a Trillion dollars via 'executive privilege'. In other words, kings and princes are getting other people to do their killing for them without actually calling it 'war', so they don't have to get their hands bloody themselves.
Maybe it is time to tighten the requirements and take the power of 'non wars' away from these political leaders. Peace is possible. The global village has spoken, and the law is in place. NO MORE WAR. It is time to wage peace...
End
The End Of All Wars; Kellogg–Briand Pact Abolished And Outlawed All Warmongering
http://agreenroad.blogspot.com/2014/07/the-end-of-all-wars-kelloggbriand-pact.html
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