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
§ 65. Such writers on International Law as lay great stress upon the
causes of war in general and upon the distinction between just causes
and others, also lay great stress upon the distinction between different
kinds of war. But as the rules of the Law of Nations are the same[77]
for the different kinds of war that may be distinguished, this
distinction is in most cases of no importance. Apart from that, there is
no unanimity respecting the kinds of war, and it is apparent that, just
as the causes of war are innumerable, so innumerable kinds of war can be
distinguished. Thus one speaks of offensive and defensive, or religious,
political, dynastic, national, civil wars; of wars of unity,
independence, conquest, intervention, revenge, and of many other kinds.
As the very name which each different kind of war bears always explains
its character no further details are necessary respecting kinds of war.
[Footnote 77: See above, § 61.]
[Sidenote: Ends of War.]
§ 66. The cause or causes of a war determine at its inception the ends
of such war. The ends of war must not be confounded with the purpose of
war.[78] Whereas the purpose of war is always the same--namely, the
overpowering and utter defeat of the opponent--the ends of war may be
different in each case. Ends of war are those objects for the
realisation of which a war is made.[79] In the beginning of the war its
ends are determined by its cause or causes, as already said. But these
ends may undergo alteration, or at least modification, with the progress
and development of the war. No moral or legal duty exists for a
belligerent to stop the war when his opponent is ready to concede the
object for which war was made. If war has once broken out the very
national existence of the belligerents is more or less at stake. The
risk the belligerents run, the exertion they make, the blood and wealth
they sacrifice, the reputation they gain or lose through the changing
fortune and chances of war--all these and many other factors work or may
work together to influence the ends of a war so that eventually there is
scarcely any longer a relation between them and the causes of the war.
If war really were, as some writers maintain,[80] the legal remedy of
self-help to obtain satisfaction for a wrong sustained from another
State, no such alteration of the ends of war could take place without at
once setting in the wrong such belligerent as changes the ends for which
the war was initiated. But history shows that nothing of the kind is
really the case, and the existing rules of International Law by no means
forbid such alteration or modification of the ends of a war. This
alteration or modification of the ends is the result of an alteration or
modification of circumstances created during the progress of war through
the factors previously mentioned; it could not be otherwise, and there
is no moral, legal, or political reason why it should be otherwise. And
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