International law; Natural law; War (International law)
The surrender here meant is nothing more than delivering up a citizen
or subject to the power of another state to decide upon his punishment.
But this permission neither gives nor takes away any right, it only
removes an impediment to the prosecution of a right. Wherefore if that
other people make no use of the permitted right, the offender, who
has been delivered up, is in such a situation, that he either MAY or
may NOT be punished: either of which may happen in the case of many
offences. But the right of a state, as to the enjoyment of its own
laws, and many other advantages, is not lost by any particular act
without a formal decree and judgment, unless in any way it has been
previously enacted, that certain acts, or certain omissions, shall
amount to a forfeiture of some particular rights and privileges. In
the same manner, goods, if surrendered, but not accepted, will remain
the property of the former owner. But if the surrender of a citizen
has been accepted, and, by some accident, the person so surrendered
shall afterwards return home, he will no longer be a citizen, except
by some new act of grace. What has been said of punishing or giving up
aggressors, applies not only to those, who always have been subjects
of the sovereign, in whose dominions they are now found, but to those
also, who, after the commission of a crime, have fled to some place for
refuge.
V. Nor do the so much talked of rights of suppliants, and the
inviolable nature of asylums at all weaken the argument that has been
advanced. For the advantages of such protection are designed only for
those, who are the victims of unmerited persecution, not for those
who have committed crimes injurious to mankind, and destructive to
society. Gylippus, the Lacedaemonian, as may be seen in the xiii. book
of Diodorus Siculus, speaking of the rights of suppliants, says, that
they were originally introduced, as measures of compassion to the
unfortunate, and not a screen for malicious and wanton offenders, who
have nothing but punishment to expect. And a little after he says, when
such men, prompted by malice, or rapacity have plunged into evils, they
have no right to talk of misfortune or to wear the name of suppliants.
For that is a privilege granted by the laws of nature to the innocent,
who are beaten down by the hard and oppressive strokes of ill fortune.
But the refuge of compassion is withheld, where every line of a life
has been marked with cruelty and injustice. Thus according to that law,
which partakes of the wisdom of its divine author, asylums were open
to those who had killed any one by a weapon escaping from their hand:
slaves too were allowed places of refuge, but deliberate murderers,
or those, who had disturbed the peaceful order of the state, found no
protection even from the altar of God. Philo, in explaining this law
says, that even the temple affords no refuge to the impious.
Public-domain text, read in full here on John Shaqi.
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