The Future of International LawOppenheim, L. (Lassa)
History
The Future of International Law
Oppenheim, L. (Lassa)
International law
72. My second example is taken from the use to which an assertion of
Rousseau is commonly put. In his _Contrat Social_, Bk. I, ch. iv, is the
following passage: 'War, then, is not a relation of man to man, but a
relation of states in which private persons are enemies only
accidentally; not as men nor even as citizens, but as soldiers; not as
members of their country, but as its defenders. In a word, each state
can only have as enemies other states and not men; seeing that no true
relation can exist between things of different natures.'
It is in this assertion of Rousseau that a basis is found for a quite
common doctrine to the effect that war is a relation only between the
belligerent states and their contending forces. See how much else has
been deduced from this principle and demanded on the strength of it!
That blockade is only permissible in the case of naval ports and
fortified coast-towns, and not in the case of other ports and places.
That breach of blockade is as little punishable as carriage of
contraband, seeing that it is but a commercial act of peaceable
individuals, it being immaterial whether they are subjects of a neutral
power or of the enemy. That the capture of enemy merchant vessels on the
high seas is unlawful, because these vessels are dedicated to peaceful
trade alone, and have naught to do with hostilities. That peaceful
intercourse, and especially commercial intercourse, between the subjects
of the belligerents cannot be forbidden. And more of the same kind.
Public-domain text, read in full here on John Shaqi.
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