International law; Natural law; War (International law)
The law of nations, thus deviating from the law of nature, gives rise
to those interpretations and conjectures, which reconcile with the
principles of justice a greater extension of privileges than the law
of nature strictly allows. For if ambassadors were protected against
nothing more than violence and illegal constraint, their privileges
would confer no extraordinary advantage. Besides, the security of
ambassadors is a matter of much greater moment to the public welfare
than the punishment of offences. Because reparation for the misconduct
of an ambassador may be looked for from the sovereign, by whom he is
sent, unless that sovereign chuses to expose himself to hostilities
by approving of his crimes. An objection to such privileges is made
by some, who assert, that it is better for one person to be punished
than for whole nations to be involved in war. But if a sovereign has
SECRETLY given his sanction to the misconduct of his ambassador, his
APPARENT intentions to punish that ambassador will not deprive the
injured power of the right to seek redress by commencing hostilities.
On the other hand, the right of ambassadors would rest upon a very
slippery foundation if they were accountable, for their actions, to any
one but their own sovereigns. For as the interests of powers sending,
and of those receiving ambassadors, are in general different, and some
times even opposite, if a public minister were obliged to consult the
inclinations of both, there would be no part of his conduct, to which
they might not impute some degree of blame. Besides although some
points are so clear, as to admit of no doubt, yet universal danger is
sufficient to establish the equity and utility of a general law. For
this reason it is natural to suppose, that nations have agreed, in
the case of ambassadors, to dispense with that obedience, which every
one, by general custom, owes to the laws of that foreign country, in
which, at any time, he resides. The character, which they sustain, is
not that of ordinary individuals, but they represent the Majesty of the
Sovereigns, by whom they are sent, whose power is limited to no local
jurisdiction. As Cicero, in his eighth Philippic, speaking of a certain
ambassador, says, "he carried with him the Majesty of the Senate,
and the authority of the State." From hence it is concluded, that an
ambassador is not bound by the laws of the country, where he resides.
If he commit an offence of a trivial nature, it may either be suffered
to pass unnoticed, or he may be ordered to leave the country.
Polybius relates an instance of an ambassador, who was ordered to leave
Rome, for having assisted some hostages in making their escape. Hence
it is obvious why the Romans inflicted corporeal punishment upon an
ambassador of Tarentum, because the Tarentines were at that time their
own subjects, by right of conquest.
Public-domain text, read in full here on John Shaqi.
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