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OpEdNews Op Eds    H3'ed 9/26/11

When the World Outlawed War

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David Swanson
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Outlawry, in Charles Morrison's outline of it (Morrison was a close ally of Levinson), required that a world court ruling on a body of world law be substituted for war as a means of settling disputes. The International Criminal Court (ICC), finally created in 2002 and having taken jurisdiction over the crime of aggression in 2010, begins to approach this idea, but the United States is not a member, and yet the court is under the thumb of the United States and the other permanent members of the U.N. Security Council.   The 1920s critics of the then existing World Court as a creature of the League of Nations would, if brought forward in time, no doubt have a similar critique of the ICC.

 

Where the argument for Outlawry gets a little hairy is in its refusal to consider any distinction between aggressive and defensive war, while nonetheless countenancing armaments and self-defense.   Morrison argues that distinguishing aggressors from defenders is a fool's errand, as every nation always claims to be fighting in defense, and an initial attack may have been provoked by the other side.   (In 2001 and 2003 the United States attacked the distant, unarmed, impoverished nations of Afghanistan and Iraq and claimed to be acting in defense.)   Morrison believes that self-defense will almost certainly not be needed, in the future of outlawed war, because war just won't happen.   But were it to happen, self-defense clearly must be envisioned in Morrison's scheme as something that does not resemble war.   For, otherwise, how can the world court of Outlawry determine which nation(s)' leaders to put on trial?  

 

Ultimately, outlawing war is a process of moral development.   Changing the law and establishing a court to enforce it is a means toward changing people's conception of what is morally acceptable.   Viewed in this way, the work of the 1920s that brought about the Kellogg-Briand Pact can be seen as a partial success to be built upon, whether or not any court will ever be able to both prosecute warmaking and avoid the distinction between aggression and defense.

 

Morrison argued that Outlawry was so clear and so popular that no statesman would dare oppose it.   He urged popularizing the peace movement, taking it out of the hands of experts.   And he was right about that.   He was right about the United States and about the entire world.   Nobody opposed banning war.   While we still have wars, most people do not want them.   Wars may be Tyrannical Ruler Nature, or Corporate Profiteer Nature, but they are the furthest thing from Human Nature.  

 

In 1922, the Lion of Idaho, Republican Senator William Borah, slowly began to roar. Levinson produced a pamphlet on Outlawry at Borah's request, and Borah republished it as a Senate document, placing it in the Congressional Record.   Senator Borah and Senator Arthur Capper of Kansas mailed it to their lists.   Meanwhile, Raymond Robins barnstormed the country making speech after speech for Outlawry, and Levinson corresponded at length with anyone and everyone who expressed interest or raised objections.   Organizations of all varieties passed countless resolutions in support of Outlawry.   School boards and labor unions distributed pamphlets.   Prominent figures gave their endorsements.  

 

Groups that supported the Outlawry of war early in the campaign included some organizations that are still around today, but which one cannot imagine even considering taking the same step again, even with the Kellogg-Briand Pact and the U.N. Charter already in existence and formally a part of our law.   Among these were the National League of Women Voters, the Young Women's Christian Associations, the National Association of Parents and Teachers, the Federal Council of Churches of Christ in America, and the American Legion.  

 

When President Harding up and dropped dead in 1923, his Vice President Calvin Coolidge got the top job and the Republican nomination to remain in it after 1924.   Indeed, he remained until March 1929.   Levinson helped persuade Coolidge to pick Borah for the vice presidency and Borah to accept, but this deal fell through, Borah declined, and Charles Dawes accepted.   Secretary of State Frank Kellogg would have occasion to refer to Dawes as "an unmitigated ass" prior to organizing the nations of the world in support of brotherly love.   Borah would instead end up in the job of Chairman of Foreign Relations.   Outlawry made it into Coolidge's speech accepting the Republican nomination but not into the Republican Platform.   It did, however, make it into the Democratic Party Platform.

 

While the struggle for women's suffrage had used marches and civil disobedience, and conscientious objectors to the war had used noncooperation, those were not the primary tools of the Outlawry campaign.   Instead there were countless public meetings and packed lecture halls, signed petitions and resolutions, and the support of numerous newspaper editorials.

 

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David Swanson is the author of "When the World Outlawed War," "War Is A Lie" and "Daybreak: Undoing the Imperial Presidency and Forming a More Perfect Union." He blogs at http://davidswanson.org and http://warisacrime.org and works for the online (more...)
 
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