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
Grotius, I. c. 1, § 2--Vattel, III. §§ 1-4, 69-72--Hall, §§
15-18--Westlake, II. pp. 1-6--Lawrence, § 135--Lorimer, II. pp.
18-28--Manning, pp. 131-133--Phillimore, III. § 49--Twiss, II. §§
22-29--Taylor, §§ 449-451--Wheaton, § 295--Bluntschli, §§
510-514--Heffter, §§ 113-114--Lueder in Holtzendorff, IV. pp.
175-198--Klüber, §§ 235-237--G. F. Martens, II. § 263--Ullmann, §
165--Bonfils, Nos. 1000-1001--Despagnet, Nos.
499-505--Pradier-Fodéré, VI. Nos. 2650-2660--Rivier, II. §
61--Nys, III. pp. 95-117--Calvo, IV. §§ 1860-1864--Fiore, III.
Nos. 1232-1268--Martens, II. § 106--Westlake, _Chapters_, pp.
258-264--Heilborn, _System_, pp. 321-332--Rettich, _Zur Theorie
und Geschichte des Rechts zum Kriege_ (1888), pp. 3-140--Wiesse,
_Le Droit international appliqué aux guerres civiles_
(1898)--Rougier, _Les guerres civiles et le droit des gens_
(1903)--Higgins, _War and the Private Citizen_ (1912), pp. 3-72.
[Sidenote: War no illegality.]
§ 53. As within the boundaries of the modern State an armed contention
between two or more citizens is illegal, public opinion has become
convinced that armed contests between citizens are inconsistent with
Municipal Law. Influenced by this fact, impatient pacifists, as well as
those innumerable individuals who cannot grasp the idea of a law between
Sovereign States, frequently consider war and law inconsistent. They
quote the fact that wars are frequently waged by States as a proof
against the very existence of an International Law. It is not difficult
to show the absurdity of this opinion. As States are Sovereign, and as
consequently no central authority can exist above them able to enforce
compliance with its demands, war cannot, under the existing conditions
and circumstances of the Family of Nations, always be avoided.
International Law recognises this fact, but at the same time provides
regulations with which belligerents have to comply. Although with the
outbreak of war peaceable relations between the belligerents cease,
there remain certain mutual legal obligations and duties. Thus war is
not inconsistent with, but a condition regulated by, International Law.
The latter at present cannot and does not object to States which are in
conflict waging war upon each other instead of peaceably settling their
difference. But if they choose to go to war they have to comply with the
rules laid down by International Law regarding the conduct of war and
the relations between belligerents and neutral States. That
International Law, if it could forbid war altogether, would be a more
perfect law than it is at present there is no doubt. Yet eternal peace
is an impossibility in the conditions and circumstances under which
mankind at present live and will have to live for a long time to come,
although eternal peace is certainly an ideal of civilisation which will
slowly and gradually be realised.
[Sidenote: Conception of War.]
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