It must be remembered that the cases which would arise are not like those which have arisen in the past, where one nation is determined to go to war and merely seeks to throw the moral responsibility on the other while getting the advantage of actually beginning hostilities. It is a case where each will strive to avoid the specific acts of war that may involve the penalty. The reader may have seen, in a country where personal violence is severely punished, two men shaking their fists in each other’s faces, each trying to provoke the other to strike the first blow; and no fight after all.
There are many agreements in private business which are not easy to embody in formal contracts; agreements where, as in this case, the execution of the terms calls for immediate action, and where redress after an elaborate trial of the facts affords no real reparation. But if the object sought is good, men do not condemn it on account of the difficulty in devising provisions that will accomplish the result desired; certainly not until they have tried to devise them. It may, indeed, prove impossible to draft a code of specific acts that will cover the ground; it may be impracticable to draft it so as to avoid issues of fact that can be determined only after a long sifting of evidence, which would come too late; but surely that is no reason for failure to make the attempt. We are not making a treaty among nations. We are merely putting forward a suggestion for reducing war, which seems to merit consideration.
A second difficulty that will sometimes arise is the rule of conduct to be followed pending the presentation of the question to the international tribunal. The continuance or cessation of the acts complained of may appear to be, and may even be in fact, more important than the final decision. This has been brought to our attention forcibly by the sinking of the Lusitania. We should have done very wisely to submit to arbitration the question of the right of submarines to torpedo merchant ships without warning, provided Germany abandoned the practise pending the arbitration; and Germany would probably not have refused to submit the question to a tribunal on the understanding that the practise was to continue until the decision was rendered, because by that time the war would be over. This difficulty is inherent in every plan for the arbitration of international disputes, although more serious in a league whose members bind themselves to prevent by force the outbreak of war. It would be necessary to give the tribunal summary authority to decree a modus vivendi, to empower it, like a court of equity, to issue a temporary injunction.
In short, the proposal for a league to enforce peace cannot meet all possible contingencies. It cannot prevent all future wars, nor does any sensible person believe that any plan can do so in the present state of civilization. But it can prevent some wars that would otherwise take place, and if it does that it will have done much good.
Enough if League meant peace for its members.
People have asked how such a league would differ from the Triple Alliance or Triple Entente—whether it would not be nominally a combination for peace which might in practise have quite a different effect. But in fact its object is quite contrary to those alliances. They are designed to protect their members against outside Powers. This is intended to insure peace among the members themselves. If it grew strong enough, by including all the great Powers, it might well insist on universal peace by compelling the outsiders to come in. But that is not its primary object, which is simply to prevent its members from going to war with one another. No doubt if several great nations, and some of the smaller ones, joined it, and if it succeeded in preserving constant friendly relations among its members, there would grow up among them a sense of solidarity which would make any outside Power chary of attacking one of them; and, what is more valuable, would make outsiders want to join it. But there is little use in speculating about probabilities. It is enough if such a league were a source of enduring peace among its own members.
How about our own position in the United States? The proposal is a radical and subversive departure from the traditional policy of our country. Would it be wise for us to be parties to such an agreement? At the threshold of such a discussion one thing is clear. If we are not willing to urge our own government to join a movement for peace, we have no business to discuss any plan for the purpose. It is worse than futile, it is an impertinence, for Americans to advise the people of Europe how they ought to conduct their affairs if we have nothing in common with them; to suggest to them conventions with burdens which are well enough for them, but which we are not willing to share. If our peace organizations are not prepared to have us take part in the plans they devise, they had better disband, or confine their discussions to Pan-American questions....
A. Lawrence Lowell, “A League to Enforce Peace,” Atlantic Monthly, Sept., 1915.