International law; Natural law; War (International law)
XIII. It is a famous question whether the word ALLIES includes only
those who were such at the time of making the treaty, or those who
might afterwards become so: as was the case in the treaty made between
the Roman people and the Carthaginians at the conclusion of the war
that had originated in a dispute about Sicily, by which treaty it was
stipulated that both powers should forbear attacking the allies of
each other. Hence the Romans inferred that although the convention
made with Asdrubal, by which he was prohibited from passing the
Iberus, had been of no service to them, as it had not been ratified by
the Carthaginians, yet if the Carthaginians sanctioned the conduct
of Hannibal in his attack upon the people of Saguntum with whom the
Romans, after the making of that convention, had entered into an
alliance, they should consider themselves as authorised to declare war
against the Carthaginians for having violated a solemn treaty. Upon
which Livy reasons in the following manner, "By the clause in favour of
allies on both sides, there was sufficient security for the Saguntines.
For there was no limitation of the words to those, who were allies at
that time, nor were they such as to exclude either power from making
new alliances. But if both sides were at liberty to make new alliances,
who could think it just to deprive the new allies of that protection
to which they would be entitled from treaties of amity? The exclusion
could reasonably go no further than to declare that the allies of the
Carthaginians should not be seduced to renounce their engagements, nor
if they did so, be admitted into alliance with the Romans."
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account