International law; Natural law; War (International law)
III. Upon the principles advanced above, it is agreed by all that
public enemies are entitled to burial. Appian calls it the common right
of war, with which, Tacitus says, no enemy will refuse to comply. And
the rules, respecting this, are, according to Dio Chrysostom, observed,
even while the utmost rage of war still continues. "For the hand of
death, _as the writer just quoted observes_, has destroyed all enmity
towards the fallen, and protected their bodies from all insult."
Examples to this purpose may be found in various parts of history.
Alexander ordered those of the enemy, that were killed at the battle
of Issus to be honoured with the rites of burial, and Hannibal did
the same to Caius Flaminius, Publius Aemilius, Tiberius Gracchus, and
Marcellus, the Roman Generals. So that you would suppose, says Silius
Italicus, he had been paying these honours to a Carthaginian General.
The Romans treated Hanno, and Pompey Mithridates in the same manner. If
it were necessary to quote more instances, the conduct of Demetrius on
many occasions, and that of Antony to king Archelaus might be named.
When the Greeks were at war with the Persians, in one part of their
military oath they swore to bury all the dead belonging to the ALLIES,
and when they were victorious, to bury even the BARBARIANS. After
a battle, it was usual for both sides to obtain leave to bury the
dead. Pausanias, in his account of the Athenian affairs, mentions the
practice of the Athenians who buried the Medes, regarding it as an act
of piety due to all men. We find from the Jewish writers, that for the
same reason, their high priests, who were forbidden to come near a
dead body, if they found one, were obliged to bury it. But Christians
deemed BURIAL an act of such importance, that they would allow their
church-plate to be melted down, and sold to defray the expences as they
would have done to maintain the poor, or to redeem captives.
There are some few instances to the contrary, but they are reprobated
by the universal feelings of mankind, and such cruelty deprecated in
the most solemn terms. Claudian calls it a bloody deed to plunder the
dead, and still more so to refuse them the covering of a little sand.
IV. Respecting those, who have been guilty of atrocious crimes, there
is reason to entertain some doubt, whether the right of burial is due
to them.
The divine law indeed, that was given to the Hebrews, and which is
fraught with every precept of virtue and humanity, ordered those, who
were crucified, which was the most ignominious kind of punishment that
could be inflicted, to be buried on the same day. Owing to this law, as
Josephus observes, the Jews paid such regard to burial, that the bodies
of those, who were executed publicly as criminals, were taken away
before sun-set, and committed to the ground. And other Jewish writers
are of opinion that this was intended as a degree of reverence to the
divine image, after which man was formed.
Public-domain text, read in full here on John Shaqi.
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