There is no such tangible thing as "international law." All
real laws are "rules of action" entered into and agreed upon by
communities of individual rational and soul-possessing human
beings, where each individual surrenders some of his natural
rights that greater good may come to the greater number, and
where there is a latent police force (subject to call) with a
moral environment of its soul-possessing members sufficient to
make the call and enforce its mandates.
Without these two elements of the individual human conscience
there is no community on earth so civilized and righteously
inclined as to be able to conduct in peace and order a
prayer-meeting, a bank, a fair or a public game, but with
these two elements well developed, what is known as a
"gentleman's agreement" could be carried out by the righteous
soul-consciousness of public sentiment.
So-called international law has no such elements. Its rules
are generally established by powerful nations in great wars
who, in dire disaster, for self-preservation disregard and
violate previously accepted rules to suit their success and also
proclaim new rules not hitherto known or accepted, enforcing
them to serve the same ends as far as they have the power, thus
establishing precedents, leaving the wronged of the world no
remedy against such might-made laws save the might-made remedy
of war, and so so-called international law is created, the
individual rational soul-possessing human being having no voice
in its creation, repeal or enforcement.
These "precedents" are without the two essential elements,
"latent police force" and "soulful moral environment," to
compel observance. Hence there is no such tangible thing as
"international law."
Perhaps the League to Enforce Peace would be in a better
position at the close of this war to present its scheme had we
adhered to the contribution of General Jackson to so-called
international law. In 1818, when General Jackson with a punitive
expedition after Creek Indians captured Pensacola, then under
Spanish sovereignty, he arrested two British subjects, Ambrister
and Arbuthnot (one a British army officer), and tried and
executed them for selling arms to the Creek Indians.
This was accepted by England, then the ruling power of the
world, and her predecessor, Spain, and approved by the United
States.
In this present war it is obvious to all, combatants as well
as neutrals, that we are luxuriously feasting on the blood and
tears of all the combatants, and to some extent the neutrals.
For a long time custom has approved this. Now envy and jealousy
on the part of some and a conviction on the part of many that
it is unrighteous, is bringing to bear upon us a widespread
prejudice which will continue to increase in a progressive ratio
until the war ends.