quirements of justice, and especially having regard to the welfare of
the people most directly affected by it. No claim, for example, on the
part of Germany to be compensated for evacuating and making reparation
to Belgium by having some advantage in some other part of the world
should be entertained for a moment. To do so would be equivalent to
bargaining with a criminal as to the compensation to be paid to him for
giving up what he has acquired by his crimes. It is, however, legitimate
in considering the question of self-determination by the people of any
territory to consider how far such people have established or can
establish a peaceful and orderly government, and how far the
arrangements to be made as regards any country or district will affect
the safety of contiguous countries or may give rise to future disputes
and really be productive of war.
12.--Whether a League is established or not, treaties for submitting
disputes to arbitration, and if possible to tribunals permanently
constituted, will still be valuable in the future as in the past. The
decisions of regular tribunals composed of impartial persons who inspire
respect will gradually form a body of customary law, and be precedents
guiding action in the future. The attempt of Germany to override not
only precedents but also express agreements with regard to the conduct
of war, if it fails, does not discredit the value of such attempts as
were made at The Hague to embody in definite form the international law
on the subjects with which they endeavoured to deal. A careful revision
of the provisions agreed to at The Hague in light of subsequent
knowledge is desirable. They only become a dead letter if one nation
utterly disregards them and does so without incurring a penalty in some
form.
13.--It is not desirable to attempt to go into exact detail in all the
arrangements so made. For example, the attempt to enumerate a list of
articles which are to be deemed contraband, as was tried in the
Declaration of London, has led to preposterous results. Articles which
at one time were of no use in war have become, through the advance in
scientific knowledge, the material for making the most deadly and most
cruel instruments in the course of the present War.
14.--An attempt must be made to secure at least partial disarmament.
Provision as to the disarmament of Germany should be one of the terms of
peace. The extent and character of any arrangements as to general
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