Notes on "The Outlawry of War" by Philip Kerr
Dual Perspectives on International Affairs
- Two primary schools of thought exist regarding international relations:
- Idealists:
- Disgusted by global injustice and violence.
- Demand abolition of war in favor of reason and justice for dispute resolution.
- Pragmatists:
- Acknowledge the importance of national security.
- Advocacies for practical approaches to peace, yet remain cautious about idealistic views.
Concept of Outlawry of War
- Term "outlawry of war" implies outlawing violence as a method for resolving international disputes.
- Generally regarded as placing violence outside the law at a global scale.
- Signifies recognizing and enforcing pacific conflict resolution methods to replace war.
- Importance of abandoning the normalization of war as a method for resolving disputes.
Fundamental Ideas
- Just as violence is unlawful among citizens, it should be viewed similarly among nations.
- Societies thrive when violence is prohibited; similarly, nations should renounce war to foster peaceful international relations.
- War has traditionally been viewed as a legitimate means of dispute resolution.
- Need for universal law to replace anarchy, preventing war from defining international relations.
Legalization of War and Its Consequences
- Legalization leads to:
- Competitive armament races among nations for security.
- Heightened suspicion and tension, maintaining an unstable international environment.
- Peaceful resolution becomes increasingly challenging when nations prioritize security over justice.
- Strategic implications overshadow considerations of justice when determining acceptable alterations to national boundaries or colonies.
Advocacy for Outlawry of War
- Without outlawing war, nations will continue preparing for conflict.
- The failure to renounce violence will ultimately lead to its escalation.
Covenant of the League of Nations Comparison
- The League establishes mechanisms for dispute resolution but does not outlaw war and permits the use of force where necessary.
- The outlawry perspective argues that without outlawing war, the League may ultimately falter.
Peace Pact of 1928
- Forms a framework of non-aggression and diplomatic resolution among signatories.
- Commits nations to renounce war as an instrument of policy but lacks enforceability against acts of war.
- Highlights the gesture towards a collective mindset advocating the delegalization of war, akin to how domestic law operates.