Kellogg-Briand Pact

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President Calvin Coolidge, Herbert Hoover, and Frank B. Kellogg, standing,
with representatives of the governments who have ratified the Treaty for
Renunciation of War (Kellogg-Briand Pact), in the East Room of the White
House.

 

 

   

Frank B. Kellogg,
U.S. Secretary of State

 

    

Aristide Briand,
French Foreign Minister

 


Contents

o       Article I

o       Article II

o       Article III


Name and Form

The Kellogg-Briand Pact, also known as the Pact of Paris, after the city where it was signed on August 27, 1928, was an international treaty "providing for the renunciation of war as an instrument of national policy." It failed in its purpose but was significant for later developments in international law. It was named after the American Secretary of State Frank B. Kellogg and French foreign minister Aristide Briand, who drafted the pact.

In its original form, the Pact of Paris was a renunciation of war between France and the US. However, Frank B. Kellogg, then U.S. Secretary of State, wanted to retain American freedom of action; he thus responded with a proposal for a multilateral pact against war open for all nations to become signatories, in hopes of diluting the French proposal into a meaningless statement of utopian idealism.[dubious ][citation needed]


Negotiations and ratifications

 

The nations who ratified the Kellog-Briand Pact

The pact was nearly the same as the Polish proposal from a year earlier, in which Poland proposed renouncement of war. That proposal was ridiculed and turned down by France and changed into meaningless declaration on September 24, 1927[1].[dubious ]

After negotiations, it was signed on August 27, 1928 by the representatives from: Australia, Belgium, Canada, Czechoslovakia, France, Germany, India, the Irish Free State, Italy, Japan, New Zealand, Poland, South Africa, the United Kingdom, and the United States. It was proclaimed to go 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, Russia, Kingdom of the Serbs, Croats, and Slovenes, Siam, Spain, Sweden, and Turkey. Sixty-one nations ultimately signed the pact.

In the United States, the Senate approved the treaty overwhelmingly, 85-1. However, it did add a reservation that the treaty must not infringe upon America's right of self defense and that the United States was not obliged to enforce the treaty 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 a binding treaty under international law. In the United States, it remains in force as federal law (see U.S. Const. art. VI). 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; the Japanese invasion of Manchuria in 1931, the Italian invasion of Ethiopia in 1935, and the German invasion of Poland in 1939 were prime examples of this. However, 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[2] or use of military force in contravention of international law, as well as the territorial acquisitions resulting from it[3], 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 sentenced a number of persons responsible for starting World War II.

The interdiction of aggressive war was confirmed and broadened by the United Nations Charter, which states 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."

The consequence of this is that after World War II, nations have been forced to invoke the right of self-defense or the right of collective defence when using military action and have also been prohibited from annexing territory by force.

Notes

  1. "We are enjoyed to see that the government of great American republic is taking our initiative from the year ago. We are also delighted that some states, which mere 8 months ago were against Polish proposal, today modified their attitude" A. Zaleski, "Przemowy i deklaracje", Warszawa 1929
  2. Article 2, Budapest Articles of Interpretation (see under footnotes), 1934
  3. Article 5, Budapest Articles of Interpretation (see under footnotes), 1934

See also

External links



Retrieved from "http://en.wikipedia.org/wiki/Kellogg-Briand_Pact"

 


Text of the Kellogg-Briand Pact of 1928

 

Kellogg-Briand Pact of 1928

Treaty between the United States and other Powers providing for the renunciation of war as an instrument of national policy. Signed at Paris, August 27, 1928; ratification advised by the Senate, January 16, 1929; ratified by the President, January 17, 1929; instruments of ratification deposited at Washington by the United States of America, Australia, Dominion of Canada, Czechoslovakia, Germany, Great Britain, India, Irish Free State, Italy, New Zealand, and Union of South Africa, March 2, 1929: By Poland, March 26, 1929; by Belgium, March 27 1929; by France, April 22, 1929; by Japan, July 24, 1929; proclaimed, July 24, 1929.


BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.

WHEREAS a Treaty between the President of the United States Of America, the President of the German Reich, His Majesty the King of the Belgians, the President of the French Republic, His Majesty the King of Great Britain, Ireland and the British Dominions beyond the Seas, Emperor of India, His Majesty the King of Italy, His Majesty the Emperor of Japan, the President of the Republic of Poland, and the President of the Czechoslovak Republic, providing for the renunciation of war as an instrument of national policy, was concluded and signed by their respective Plenipotentiaries at Paris on the twenty-seventh day of August, one thousand nine hundred and twenty-eight, the original of which Treaty, being in the English and the French languages, is word for word as follows:

THE PRESIDENT OF THE GERMAN REICH, THE PRESIDENT OF THE UNITED STATES OF AMERICA, HIS MAJESTY THE KING OF THE BELGIANS, THE PRESIDENT OF THE FRENCH REPUBLIC, HIS MAJESTY THE KING OF GREAT BRITAIN IRELAND AND THE BRITISH DOMINIONS BEYOND THE SEAS, EMPEROR OF INDIA, HIS MAJESTY THE KING OF ITALY, HIS MAJESTY THE EMPEROR OF JAPAN, THE PRESIDENT OF THE REPUBLIC OF POLAND THE PRESIDENT OF THE CZECHOSLOVAK REPUBLIC,

Deeply sensible of their solemn duty to promote the welfare of mankind;

Persuaded that the time has, come when a frank renunciation of war as an instrument of national policy should be made to the end that the peaceful and friendly relations now existing between their peoples may be perpetuated;

Convinced that all changes in their relations with one another should be sought only by pacific means and be the result of a peaceful and orderly process, and that any signatory Power which shall hereafter seek to promote its ts national interests by resort to war a should be denied the benefits furnished by this Treaty;

Hopeful that, encouraged by their example, all the other nations of the world will join in this humane endeavor and by adhering to the present Treaty as soon as it comes into force bring their peoples within the scope of its beneficent provisions, thus uniting the civilized nations of the world in a common renunciation of war as an instrument of their national policy;

Have decided to conclude a Treaty and for that purpose have appointed as their respective Plenipotentiaries:

THE PRESIDENT OF THE GERMAN REICH:

Dr Gustav STRESEMANN, Minister of Foreign Affairs;

THE PRESIDENT OF THE UNITED STATES OF AMERICA:
The Honorable Frank B. KELLOGG, Secretary of State;

HIS MAJESTY THE KING OF THE BELGIANS:
Mr Paul HYMANS, Minister for Foreign Affairs, Minister of State;

THE PRESIDENT OF THE FRENCH REPUBLIC:
Mr. Aristide BRIAND Minister for Foreign Affairs;

HIS MAJESTY THE KING OF GREAT BRITAIN, IRELAND AND THE BRITISH DOMINIONS BEYOND THE SEAS, EMPEROR OF INDIA:

For GREAT BRITAIN and NORTHERN IBELAND and all parts of the British Empire which are not separate Members of the League of Nations:
The Right Honourable Lord CUSHENDUN, Chancellor of the Duchy of Lancaster, Acting-Secretary of State for Foreign Affairs;


For the DOMINION OF CANADA:
The Right Honourable William Lyon MACKENZIE KING, Prime Minister and Minister for External Affairs;


For the COMMONWEALTH of AUSTRLIA:
The Honourable Alexander John McLACHLAN, Member of the Executive Federal Council;


For the DOMINION OF NEW ZEALAND:
The Honourable Sir Christopher James PARR High Commissioner for New Zealand in Great Britain;


For the UNION OF SOUTH AFRICA:
The Honourable Jacobus Stephanus SMIT, High Commissioner for the Union of South Africa in Great Britain;


For the IRISH FREE STATE:
Mr. William Thomas COSGRAVE, President of the Executive Council;


For INDIA:
The Right Honourable Lord CUSHENDUN, Chancellor of the Duchy of Lancaster, Acting Secretary of State for Foreign Affairs;


HIS MAJESTY THE KING OF ITALY:
Count Gaetano MANZONI, his Ambassador Extraordinary and Plenipotentiary at Paris.

HIS MAJESTY THE EMPEROR OF
JAPAN:
Count UCHIDA, Privy Councillor;

THE PRESIDENT OF THE
REPUBLIC OF POLAND:
Mr. A. ZALESKI, Minister for Foreign Affairs;

THE PRESIDENT OF THE CZECHOSLOVAK REPUBLIC:
Dr Eduard BENES, Minister for Foreign Affairs;

who, having communicated to one another their full powers found in good and due form have agreed upon the following articles:

ARTICLE I

The High Contracting Parties solemnly declare in the names of their respective peoples that they condemn recourse to war for the solution of international controversies, and renounce it, as an instrument of national policy in their relations with one another.

ARTICLE II

The High Contracting Parties agree that the settlement or solution of all disputes or conflicts of whatever nature or of whatever origin they may be, which may arise among them, shall never be sought except by pacific means.

ARTICLE III

The present Treaty shall be ratified by the High Contracting Parties named in the Preamble in accordance with their respective constitutional requirements, and shall take effect as between them as soon as all their several instruments of ratification shall have been deposited at Washington.

This Treaty shall, when it has come into effect as prescribed in the preceding paragraph, remain open as long as may be necessary for adherence by all the other Powers of the world. Every instrument evidencing the adherence of a Power shall be deposited at Washington and the Treaty shall immediately upon such deposit become effective as; between the Power thus adhering and the other Powers parties hereto.

It shall be the duty of the Government of the United States to furnish each Government named in the Preamble and every Government subsequently adhering to this Treaty with a certified copy of the Treaty and of every instrument of ratification or adherence. It shall also be the duty of the Government of the United States telegraphically to notify such Governments immediately upon the deposit with it of each instrument of ratification or adherence.

IN FAITH WHEREOF the respective Plenipotentiaries have signed this Treaty in the French and English languages both texts having equal force, and hereunto affix their seals.

DONE at Paris, the twenty seventh day of August in the year one thousand nine hundred and twenty-eight.

[SEAL] GUSTAV STRESEMANN
[SEAL] FRANK B KELLOGG
[SEAL] PAUL HYMANS
[SEAL] ARI BRIAND
[SEAL] CUSHENDUN
[SEAL] W. L. MACKENZIE KING
[SEAL] A J MCLACHLAN
[SEAL] C. J. PARR
[SEAL] J S. SMIT
[SEAL] LIAM T.MACCOSGAIR
[SEAL] CUSHENDUN
[SEAL] G. MANZONI
[SEAL] UCHIDA
[SEAB] AUGUST ZALESKI
[SEAE1 DR EDWARD BENES

Certified to be a true copy of the signed original deposited with the Government of the United States of America.

FRANK B. KELLOGG
Secretary of State of the United States of America

AND WHEREAS it is stipulated in the said Treaty that it shall take effect as between the High Contracting Parties as soon as all the several instruments of ratification shall have been deposited at Washington;

AND WHEREAS the said Treaty has been duly ratified on the parts of all the High Contracting Parties and their several instruments of ratification have been deposited with the Government of the United States of America, the last on July 24, 1929;

NOW THEREFORE, be it known that I, Herbert Hoover, President of the United States of America, have caused the said Treaty to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof.

IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the seal of the United States to be affixed.

DONE at the city of Washington this twenty-fourth day of July in the year of our Lord one thousand nine hundred and twenty-nine, and of the Independence of the United States of America the one hundred and fifty-fourth

HERBERT HOOVER
By the President:
HENRY L STIMSON
Secretary of State


NOTE BY THE
U.S. DEPARTMENT OF STATE

ADHERING COUNTRIES

When this Treaty became effective on Jury 24, 1929, the instruments of ratification of all of the signatory powers having been deposited at Washington, the following countries, having deposited instruments of definitive adherence, became parties to it: Afghanistan, Albania, Austria, Bulgaria, China, Cuba, Denmark, Dominican Republic, Egypt, Estonia, Ethiopia, Finland, Guatemala, Hungary, Iceland, Latvia, Liberia, Lithuania, Netherlands, Nicaragua, Norway, Panama, Peru, Portugal, Rumania, Russia, Kingdom of the Serbs, Croats and Slovenes, Siam, Spain, Sweden, and Turkey.

Additional adhesions deposited subsequent to July 24, 1929. Persia, July 2, 1929; Greece, August 3, 1929; Honduras, August 6, 1929; Chile, August 12, 1929; Luxemburg August 14, 1929; Danzig, September 11, 1929; Costa Rica, October 1, 1929; Venezuela, October 24, 1929.

 

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