International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second EditionOppenheim, L. (Lassa)
History
International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second Edition
Oppenheim, L. (Lassa)
International law
§ 125. During antiquity, prisoners of war could be killed, and they were
very often at once actually butchered or offered as sacrifices to the
gods. If they were spared, they were as a rule made slaves and only
exceptionally liberated. But belligerents also exchanged their prisoners
or liberated them for ransom. During the first part of the Middle Ages
prisoners of war could likewise be killed or made slaves. Under the
influence of Christianity, however, their fate in time became mitigated.
Although they were often most cruelly treated during the second part of
the Middle Ages, they were not as a rule killed and, with the
disappearance of slavery in Europe, they were no longer enslaved. By the
time modern International Law gradually came into existence, killing and
enslaving prisoners of war had disappeared, but they were still often
treated as criminals and as objects of personal revenge. They were not
considered in the power of the State by whose forces they were captured,
but in the power of those very forces or of the individual soldiers that
had made the capture. And it was considered lawful on the part of
captors to make as much profit as possible out of their prisoners by way
of ransom, provided no exchange of prisoners took place. So general was
this practice that a more or less definite scale of ransom became usual.
Thus, Grotius (III. c. 14, § 9) mentions that in his time the ransom of
a private was the amount of his one month's pay. And since the pecuniary
value of a prisoner as regards ransom rose in proportion with his
fortune and his position in life and in the enemy army, it became usual
for prisoners of rank and note not to belong to the capturing forces but
to the Sovereign, who had, however, to recompense the captors. During
the seventeenth century, the custom that prisoners were considered in
the power of their captors died away. They were now considered to be in
the power of the Sovereign by whose forces they were captured. But rules
of the Law of Nations regarding their proper treatment were hardly in
existence. The practice of liberating prisoners in exchange, or for
ransom only, continued. Special cartels were often concluded at the
outbreak of or during a war for the purpose of stipulating a scale of
ransom according to which either belligerent could redeem his soldiers
and officers from captivity. The last[256] instance of such cartels is
that between England and France in 1780, stipulating the ransom for
members of the naval and military forces of both belligerents.
[Footnote 256: See Hall, § 134, p. 428, note 1.]
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