International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second EditionOppenheim, L. (Lassa)
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International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second Edition
Oppenheim, L. (Lassa)
International law
(23) "Private citizens are no longer murdered, enslaved, or carried off
to distant parts, and the inoffensive individual is as little disturbed
in his private relations as the commander of the hostile troops can
afford to grant in the overruling demands of a vigorous war."
(24) "The almost universal rule in remote times was ... that the private
individual of the hostile country is destined to suffer every privation
of liberty and protection and every disruption of family ties.
Protection was ... the exception."
(25) "In modern regular wars ... protection of the inoffensive citizens
of the hostile country is the rule; privation and disturbance of private
relations are the exceptions."
(26) "Commanding generals may cause the magistrates and civil officers
of the hostile country to take the oath of temporary allegiance or an
oath of fidelity to their own victorious Government or rulers, and they
may expel every one who declines to do so. But, whether they do so or
not, the people and their civil officers owe strict obedience to them as
long as they hold sway over the district or country, at the peril of
their lives."]
[Sidenote: War a contention between States for the purpose of
overpowering each other.]
§ 58. The last, and not the least important, characteristic of war is
its purpose. It is a contention between States for the purpose of
overpowering each other. This purpose of war is not to be confounded
with the ends[71] of war, for, whatever the ends of war may be, they can
only be realised by one belligerent overpowering the other. Such a
defeat as compels the vanquished to comply with any demand the victor
may choose to make is the purpose of war. Therefore war calls into
existence the display of the greatest possible power and force on the
part of the belligerents, rouses the passion of the nations in conflict
to the highest possible degree, and endangers the welfare, the honour,
and eventually the very existence of both belligerents. Nobody can
predict with certainty the result of a war however insignificant one
side may seem to be. Every war is a risk and a venture. Every State
which goes to war knows beforehand what is at stake, and it would never
go to war were it not for its firm, though very often illusory,
conviction of its superiority in strength over its opponent. Victory is
necessary in order to overpower the enemy; and it is this necessity
which justifies all the indescribable horrors of war, the enormous
sacrifice of human life and health, and the unavoidable destruction of
property and devastation of territory. Apart from special restrictions
imposed by the Law of Nations upon belligerents, all kinds and all
degrees of force may be, and eventually must be, made use of in war in
the interest and under the compulsion of its purpose, and in spite of
their cruelty and the utter misery they entail. As war is a struggle for
existence between States, no amount of individual suffering and misery
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