The
Kellogg–Briand Pact was an agreement signed on August 27, 1928, by the United States,
FranceThe French Third Republic was the republican government of France from 1870, when the Second French Empire collapsed due to the French defeat in the Franco-Prussian War, to 1940, when France was overrun by Nazi Germany during World War II, resulting in the German and Italian occupations of France...
, the
United KingdomThe United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
,
ItalyThe Kingdom of Italy was a state forged in 1861 by the unification of Italy under the influence of the Kingdom of Sardinia, which was its legal predecessor state...
,
JapanThe Empire of Japan is the name of the state of Japan that existed from the Meiji Restoration on 3 January 1868 to the enactment of the post-World War II Constitution of...
,
Weimar GermanyThe Weimar Republic is the name given by historians to the parliamentary republic established in 1919 in Germany to replace the imperial form of government...
and a number of other countries.
The pact renounced war (very intentionally renouncing not "aggressive war" but all war), prohibiting the use of
warWar is a state of organized, armed, and often prolonged conflict carried on between states, nations, or other parties typified by extreme aggression, social disruption, and usually high mortality. War should be understood as an actual, intentional and widespread armed conflict between political...
as "an instrument of national policy". It made no provisions for sanctions. The pact was the result of a determined American effort to avoid involvement in the European alliance system. It was registered in
League of Nations Treaty Series on September 4, 1928.
In its original form, the Kellogg-Briand was a renunciation of war between only France and the United States. However,
Frank B. KelloggFrank Billings Kellogg was an American lawyer, politician and statesman who served in the U.S. Senate and as U.S. Secretary of State. He co-authored the Kellogg-Briand Pact, for which he was awarded the Nobel Peace Prize for 1929..- Biography :Kellogg was born in Potsdam, New York, and his family...
, the
U.S. Secretary of StateThe United States Secretary of State is the head of the United States Department of State, concerned with foreign affairs. The Secretary is a member of the Cabinet and the highest-ranking cabinet secretary both in line of succession and order of precedence...
, 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.
The Kellogg–Briand Pact is named after its authors: Frank B. Kellogg and French foreign minister
Aristide BriandAristide Briand was a French statesman who served eleven terms as Prime Minister of France during the French Third Republic and received the 1926 Nobel Peace Prize.- Early life :...
.
Signatories and adherents
After negotiations, the pact was signed in
ParisParis is the capital and largest city in France, situated on the river Seine, in northern France, at the heart of the Île-de-France region...
at the
French Foreign MinistryMinistry of Foreign and European Affairs ), is France's foreign affairs ministry, with the headquarters located on the Quai d'Orsay in Paris close to the National Assembly of France. The Minister of Foreign and European Affairs in the government of France is the cabinet minister responsible for...
by the representatives from
AustraliaAustralia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
,
BelgiumBelgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...
,
CanadaCanada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
,
CzechoslovakiaThe First Czechoslovak Republic , refers to the first Czechoslovak state that existed from 1918 to 1938. The state was commonly called Czechoslovakia . It was composed of Bohemia, Moravia, Czech Silesia, Slovakia and Subcarpathian Ruthenia...
,
FranceThe French Third Republic was the republican government of France from 1870, when the Second French Empire collapsed due to the French defeat in the Franco-Prussian War, to 1940, when France was overrun by Nazi Germany during World War II, resulting in the German and Italian occupations of France...
,
GermanyThe Weimar Republic is the name given by historians to the parliamentary republic established in 1919 in Germany to replace the imperial form of government...
,
IndiaBritish Raj was the British rule in the Indian subcontinent between 1858 and 1947; The term can also refer to the period of dominion...
, the
Irish Free StateThe Irish Free State was the state established as a Dominion on 6 December 1922 under the Anglo-Irish Treaty, signed by the British government and Irish representatives exactly twelve months beforehand...
,
ItalyThe Kingdom of Italy was a state forged in 1861 by the unification of Italy under the influence of the Kingdom of Sardinia, which was its legal predecessor state...
,
JapanThe Empire of Japan is the name of the state of Japan that existed from the Meiji Restoration on 3 January 1868 to the enactment of the post-World War II Constitution of...
,
New ZealandNew Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
,
PolandThe Second Polish Republic, Second Commonwealth of Poland or interwar Poland refers to Poland between the two world wars; a period in Polish history in which Poland was restored as an independent state. Officially known as the Republic of Poland or the Commonwealth of Poland , the Polish state was...
,
South AfricaThe Union of South Africa is the historic predecessor to the present-day Republic of South Africa. It came into being on 31 May 1910 with the unification of the previously separate colonies of the Cape, Natal, Transvaal and the Orange Free State...
, the
United KingdomThe United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
and the
United StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
. 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:
AfghanistanThe Kingdom of Afghanistan was an Islamic monarchy in south Central Asia established in 1926 as a successor state to the Emirate of Afghanistan, following the ascension to the throne by Amanullah Khan and his proclaming Afghanistan a kingdom in 1926, after 7 years on the throne...
,
AlbaniaThe Albanian Republic was the official name of Albania as enshrined in the Constitution of 1925. Albania became a de facto protectorate of the Kingdom of Italy after the signing of the Treaties of Tirana of 1926 and 1927. Albania was later declared a constitutional monarchy in 1928...
,
AustriaAustria , officially the Republic of Austria , is a landlocked country of roughly 8.4 million people in Central Europe. It is bordered by the Czech Republic and Germany to the north, Slovakia and Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the...
,
BulgariaThe Kingdom of Bulgaria was established as an independent state when the Principality of Bulgaria, an Ottoman vassal, officially proclaimed itself independent on October 5, 1908 . This move also formalised the annexation of the Ottoman province of Eastern Rumelia, which had been under the control...
,
ChinaThe Republic of China , commonly known as Taiwan , is a unitary sovereign state located in East Asia. Originally based in mainland China, the Republic of China currently governs the island of Taiwan , which forms over 99% of its current territory, as well as Penghu, Kinmen, Matsu and other minor...
,
CubaThe Republic of Cuba is an island nation in the Caribbean. The nation of Cuba consists of the main island of Cuba, the Isla de la Juventud, and several archipelagos. Havana is the largest city in Cuba and the country's capital. Santiago de Cuba is the second largest city...
,
DenmarkDenmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark...
,
Dominican RepublicThe Dominican Republic is a nation on the island of La Hispaniola, part of the Greater Antilles archipelago in the Caribbean region. The western third of the island is occupied by the nation of Haiti, making Hispaniola one of two Caribbean islands that are shared by two countries...
,
EgyptThe Kingdom of Egypt was the first modern Egyptian state, lasting from 1922 to 1953. The Kingdom was created in 1922 when the British government unilaterally ended its protectorate over Egypt, in place since 1914. Sultan Fuad I became the first king of the new state...
,
EstoniaEstonia , officially the Republic of Estonia , is a state in the Baltic region of Northern Europe. It is bordered to the north by the Gulf of Finland, to the west by the Baltic Sea, to the south by Latvia , and to the east by Lake Peipsi and the Russian Federation . Across the Baltic Sea lies...
,
EthiopiaThe Ethiopian Empire also known as Abyssinia, covered a geographical area that the present-day northern half of Ethiopia and Eritrea covers, and included in its peripheries Zeila, Djibouti, Yemen and Western Saudi Arabia...
,
FinlandFinland , officially the Republic of Finland, is a Nordic country situated in the Fennoscandian region of Northern Europe. It is bordered by Sweden in the west, Norway in the north and Russia in the east, while Estonia lies to its south across the Gulf of Finland.Around 5.4 million people reside...
,
GuatemalaGuatemala is a country in Central America bordered by Mexico to the north and west, the Pacific Ocean to the southwest, Belize to the northeast, the Caribbean to the east, and Honduras and El Salvador to the southeast...
,
HungaryThe Kingdom of Hungary comprised present-day Hungary, Slovakia and Croatia , Transylvania , Carpatho Ruthenia , Vojvodina , Burgenland , and other smaller territories surrounding present-day Hungary's borders...
,
IcelandThe Kingdom of Iceland was a constitutional monarchy lasting from 1 December 1918 until 17 June 1944, when the republic was proclaimed.- Origins in Danish rule :...
,
LatviaLatvia , officially the Republic of Latvia , is a country in the Baltic region of Northern Europe. It is bordered to the north by Estonia , to the south by Lithuania , to the east by the Russian Federation , to the southeast by Belarus and shares maritime borders to the west with Sweden...
,
LiberiaLiberia , officially the Republic of Liberia, is a country in West Africa. It is bordered by Sierra Leone on the west, Guinea on the north and Côte d'Ivoire on the east. Liberia's coastline is composed of mostly mangrove forests while the more sparsely populated inland consists of forests that open...
,
LithuaniaLithuania , officially the Republic of Lithuania is a country in Northern Europe, the biggest of the three Baltic states. It is situated along the southeastern shore of the Baltic Sea, whereby to the west lie Sweden and Denmark...
, the
NetherlandsThe Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
,
NicaraguaNicaragua is the largest country in the Central American American isthmus, bordered by Honduras to the north and Costa Rica to the south. The country is situated between 11 and 14 degrees north of the Equator in the Northern Hemisphere, which places it entirely within the tropics. The Pacific Ocean...
,
NorwayNorway , officially the Kingdom of Norway, is a Nordic unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million...
,
PanamaPanama , officially the Republic of Panama , is the southernmost country of Central America. Situated on the isthmus connecting North and South America, it is bordered by Costa Rica to the northwest, Colombia to the southeast, the Caribbean Sea to the north and the Pacific Ocean to the south. The...
,
PeruPeru , officially the Republic of Peru , is a country in western South America. It is bordered on the north by Ecuador and Colombia, on the east by Brazil, on the southeast by Bolivia, on the south by Chile, and on the west by the Pacific Ocean....
,
PortugalThe Ditadura Nacional was the name of the Portuguese regime initiated by the election of President Óscar Carmona in 1928 that lasted until the adoption of the new constitution in 1933, when the régime changed its name to Estado Novo...
,
RomaniaThe Kingdom of Romania was the Romanian state based on a form of parliamentary monarchy between 13 March 1881 and 30 December 1947, specified by the first three Constitutions of Romania...
, the
Soviet UnionThe Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....
, the
Kingdom of the Serbs, Croats, and SlovenesThe Kingdom of Yugoslavia was a state stretching from the Western Balkans to Central Europe which existed during the often-tumultuous interwar era of 1918–1941...
,
SiamThailand , officially the Kingdom of Thailand , formerly known as Siam , is a country located at the centre of the Indochina peninsula and Southeast Asia. It is bordered to the north by Burma and Laos, to the east by Laos and Cambodia, to the south by the Gulf of Thailand and Malaysia, and to the...
,
SpainThe Restoration was the name given to the period that began on December 29, 1874 after the First Spanish Republic ended with the restoration of Alfonso XII to the throne after a coup d'état by Martinez Campos, and ended on April 14, 1931 with the proclamation of the Second Spanish Republic.After...
,
SwedenSweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....
, and
TurkeyTurkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...
. Eight further states joined after that date: Persia,
GreeceThe Second Hellenic Republic is the term used to describe the political regime of Greece from 1924 to 1935. It followed from the period of the constitutional monarchy under the monarchs of the House of Glücksburg, and lasted until its overthrow in a military coup d'état which restored the monarchy...
,
HondurasHonduras is a republic in Central America. It was previously known as Spanish Honduras to differentiate it from British Honduras, which became the modern-day state of Belize...
,
ChileChile ,officially the Republic of Chile , is a country in South America occupying a long, narrow coastal strip between the Andes mountains to the east and the Pacific Ocean to the west. It borders Peru to the north, Bolivia to the northeast, Argentina to the east, and the Drake Passage in the far...
,
LuxembourgLuxembourg , officially the Grand Duchy of Luxembourg , is a landlocked country in western Europe, bordered by Belgium, France, and Germany. It has two principal regions: the Oesling in the North as part of the Ardennes massif, and the Gutland in the south...
, Danzig,
Costa RicaCosta Rica , officially the Republic of Costa Rica is a multilingual, multiethnic and multicultural country in Central America, bordered by Nicaragua to the north, Panama to the southeast, the Pacific Ocean to the west and the Caribbean Sea to the east....
and
VenezuelaVenezuela , officially called the Bolivarian Republic of Venezuela , is a tropical country on the northern coast of South America. It borders Colombia to the west, Guyana to the east, and Brazil to the south...
.
In the United States, the
SenateThe United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
approved the treaty overwhelmingly, 85–1, with only Wisconsin Republican
John J. BlaineJohn James Blaine was the 24th Governor of Wisconsin and a United States Senator. He served as Mayor of Boscobel, on the Grant County Board of Supervisors, Wisconsin Attorney General, and in the Wisconsin State Senate...
voting against. While the U.S. Senate did not add any reservation to the treaty, it did pass a measure "interpreting" the treaty which included the statement that the treaty must not infringe upon America's right of
self defenseSelf-defense, self-defence or private defense is a countermeasure that involves defending oneself, one's property or the well-being of another from physical harm. The use of the right of self-defense as a legal justification for the use of force in times of danger is available in many...
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 NationsThe League of Nations was an intergovernmental organization founded as a result of the Paris Peace Conference that ended the First World War. It was the first permanent international organization whose principal mission was to maintain world peace...
, and remains a binding treaty under
international lawPublic international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
. In the United States, it remains in force as federal law (see
U.S. Const. art. VIArticle Six of the United States Constitution establishes the Constitution and the laws and treaties of the United States made in accordance with it as the supreme law of the land, forbids a religious test as a requirement for holding a governmental position and holds the United States under the...
). One month following its conclusion, a similar agreement,
General Act for the Pacific Settlement of International DisputesGeneral multilateral convention concluded in Geneva on September 26, 1928. It went into effect on August 16, 1929 and was registered in League of Nations Treaty Series on the same day.-Terms of the act:...
, was concluded in Geneva, which obliged its signatory parties to establish
conciliation commissionsConciliation is an alternative dispute resolution process whereby the parties to a dispute agree to utilize the services of a conciliator, who then meets with the parties separately in an attempt to resolve their differences...
in any case of dispute.
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. It did not prevent the
Japanese invasion of ManchuriaThe Mukden Incident, also known as the Manchurian Incident, was a staged event that was engineered by Japanese military personnel as a pretext for invading the northern part of China known as Manchuria in 1931....
in 1931, the
Italian invasion of AbyssiniaThe Second Italo–Abyssinian War was a colonial war that started in October 1935 and ended in May 1936. The war was fought between the armed forces of the Kingdom of Italy and the armed forces of the Ethiopian Empire...
in 1935, and the
German and Soviet Union invasions of PolandThe Invasion of Poland, also known as the September Campaign or 1939 Defensive War in Poland and the Poland Campaign in Germany, was an invasion of Poland by Germany, the Soviet Union, and a small Slovak contingent that marked the start of World War II in Europe...
. Nevertheless, the pact is an important
multilateral treatyA multilateral treaty is a treaty to which three or more sovereign states are parties. Each party owes the same obligations to all other parties, except to the extent that they have stated reservations...
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 or use of military force in contravention of international law, as well as the territorial acquisitions resulting from it, are unlawful.
Notably, the pact served as the legal basis for the creation of the notion of
crime against peaceA crime against peace, in international law, refers to "planning, preparation, initiation, or waging of wars of aggression, or a war in violation of international treaties, agreements or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing"...
— it was for committing this crime that the
Nuremberg TribunalThe Nuremberg Trials were a series of military tribunals, held by the victorious Allied forces of World War II, most notable for the prosecution of prominent members of the political, military, and economic leadership of the defeated Nazi Germany....
sentenced a number of persons responsible for starting
World War IIWorld War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
.
The interdiction of aggressive war was confirmed and broadened by the
United Nations CharterThe Charter of the United Nations is the foundational treaty of the international organization called the United Nations. It was signed at the San Francisco War Memorial and Performing Arts Center in San Francisco, United States, on 26 June 1945, by 50 of the 51 original member countries...
, which states in article 2, paragraph 4, that
As a consequence, since World War II, nations have had to invoke the right to
self-defenseSelf-defense, self-defence or private defense is a countermeasure that involves defending oneself, one's property or the well-being of another from physical harm. The use of the right of self-defense as a legal justification for the use of force in times of danger is available in many...
or collective defense when using military action, and have also been prohibited from annexing territory by force.
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