Fifteen years ago, Elihu Root made a notable address, as President of this Society, in which he said,
We are familiar with the distinction in the municipal law of all civilized countries, between private and public rights and the remedies for the protection or enforcement of them. Ordinary injuries and breaches of contract are redressed only at the instance of the injured person, and other persons are not deemed entitled to interfere. It is no concern of theirs. On the other hand, certain flagrant wrongs the prevalence of which would threaten the order and security of the community are deemed to be everybody's business. If, for example, a man be robbed or assaulted, the injury is deemed not to be done to him alone, but to every member of the state by the breaking of the law against robbery or against violence. Every citizen is deemed to be injured by the breach of the law because the law is his protection, and if the law be violated with impunity, his protection will disappear. . . . Up to this time breaches of international law have been treated as we treat wrongs under civil procedure, as if they concerned nobody except the particular nation upon which the injury was inflicted and the nation inflicting it. There has been no general recognition of the right of the other nations to object. . . . If the law of nations is to be binding, if the decisions of controversies are to be respected, there must be a change in theory, and violations of the law of such a character as to threaten the peace and order of the community of nations must be deemed to be a violation of the right of every civilized nation to have the law maintained and a legal injury to every nation.
I submit that, with respect to the use of war as an instrument of national policy or for the settlement of disputes, the Kellogg Pact has wrought this change in theory for the United States, Soviet Russia, Turkey, Mexico, Egypt and Afghanistan, as Articles 10, 11, and 12 of the League of Nations Covenant had already wrought it for most of the other states of the world ten years ago. Wars of aggression under these instruments are no longer____________________