International law; Natural law; War (International law)
But the most obvious explanation is to be found in the dignity of man,
who surpassing other creatures, it would be a shame, if his body were
left to be devoured by beasts of prey. It is an act of compassion
then, said Quintilian, to preserve the bodies of men from ravages of
birds and beasts. For to be tore by wild beasts, as Cicero observes
in his first book ON INVENTION, is to be robbed of those honours, in
death, which are due to our common nature. And the Roman Poet, makes a
lamentation over one of his heroes, that he had no pious mother to lay
his body in the grave, but he would be left a prey to birds, or thrown
into the river as food for fishes. Aen. x. 557-560.
But to speak from still higher authority, God, by the mouth of his
prophets, threatens the wicked that they shall have burial like that
of the brutes, and that the dogs shall lick their blood. Such a menace
denounced against the wicked, as a punishment, shews that it is an
indignity done to our nature, when, in the words of Lactantius, the
image of God is cast out, to the insults of beasts of prey. But in such
indignity if there was even nothing repugnant to the feelings of men,
still the nakedness and infirmities of our perishable nature should not
be exposed to the eye of day.
Consequently the rights of burial, the discharge of which forms one
of the offices of humanity, cannot be denied even to enemies, whom a
state of warfare has not deprived of the rights and nature of men. For,
as Virgil observes, all animosity against the vanquished and the dead
must cease. Aen. xi. 104. Because they have suffered the last of evils
that can be inflicted. "We have been at war, I grant, _says Statius_,
but our hatred has fallen, and all our enmity is buried in the grave."
And Optatus Milevitanus assigns the same reason for reconciliation. "If
there have been struggles among the living, your hatred surely must be
satisfied with the death of an adversary. For the tongue of strife is
now silenced."
Public-domain text, read in full here on John Shaqi.
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