International law; Natural law; War (International law)
VII. It is frequently made a subject of inquiry, whether the ambassador
of a sovereign, who has exercised any act of cruelty or rigour, will be
subject to the law of retaliation. History furnishes many instances,
in which punishment has been inflicted in such a manner. But history
is sometimes nothing more than a catalogue of actions marked with
injustice, and ungovernable fury. Whereas the law of nations, by its
privileges, designs to secure the dignity not only of sovereigns
themselves, but also that of the ambassadors whom they employ.
Consequently there is a tacit agreement understood to be made with
the latter, that HE shall be exempt, not only from any ill treatment,
that may affect the principal, but from such likewise, as may affect
himself. So that it was a magnanimous answer, conformable to the law
of nations, which Scipio made, when the Roman ambassadors had been
ill-treated by the Carthaginians, and the Carthaginian ambassadors were
brought before him, upon his being asked, in what manner they should
be treated, he replied, not as the Roman ambassadors had been by the
Carthaginians. Livy adds, that he said, he would do nothing unbecoming
the character and laws of the Roman people. Valerius Maximus assigns
the same language to the Consuls, on an occasion similar, but prior to
this. In addressing Hanno, they said, "the pledge of faith, which our
state has given, releases you from any such fear." For even at that
time, Cornelius Asina, in violation of his public character, had been
arrested and thrown into prison by the Carthaginians.
VIII. The train too of an ambassador, and all the plate belonging to
him are entitled to a peculiar kind of protection. Which gave rise to
the passage in the ancient song of the Heralds, "O Sovereign, do you
make me a royal messenger from the Roman citizens? and do you confer
the same privileges on my train and every thing, which belongs to me?"
And by the Julian law, an injury affecting not only ambassadors, but
even their attendants, is pronounced to be a violation of public right.
But these privileges of attendants are only granted so far as an
ambassador himself may think proper: so that if any of them has
committed an offence, he must be required to deliver up the offender to
punishment. He must be REQUIRED to give him up. Because no violence,
in taking an offender of that description must be used. When the
Achaeans had arrested some Lacedaemonians who were along with the
Roman ambassadors, the Romans raised a great outcry against the act,
as a violation of the law of nations. Sallust's opinion in the case of
Bomilcar has already been referred to.
Public-domain text, read in full here on John Shaqi.
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