International law; Natural law; War (International law)
IV. Next to subjects, and even upon an equal footing with them, as to
claims of protection, are allies, a name including, in its consequences
and effects, both those, who have formed a subordinate connection with
another power, and those who have entered into engagements of mutual
assistance. Yet no such compacts can bind either of the parties to the
support or prosecution of unjust wars. And this is the reason, why the
Lacedaemonians, before they went to war with the Athenians, left all
their allies at liberty to decide for themselves upon the justice of
the quarrel. To which an additional observation may be made, that no
ally is bound to assist in the prosecution of schemes, which afford no
possible prospect of a happy termination. For this would be defeating
the very end of alliances, which are contracted from motives of public
advantage, and not for a participation in ruin. But any power is
obliged to defend an ally even against those, with whom it is already
connected by subsisting treaties, provided those treaties contain no
express condition prohibiting such defence. Thus the Athenians might
have defended the Corcyraeans, IN A JUST CAUSE, even against the
Corinthians, their more ancient allies.
V. A third case is that, where assistance has not been expressly
promised to a friendly power, and yet is due on the score of
friendship, if it can be given without inconvenience.
Upon this principle Abraham took arms in defence of his kinsman Lot:
and the Romans charged the Antiates to commit no acts of piracy upon
the Greeks, as being a people of the same kindred with the Italians. It
was no unusual thing with the Romans to begin, or at least to threaten
to begin wars not only in support of allies, to whom they were bound by
treaty, but in support of any friendly powers.
VI. The last and most extensive motive is the common tie of one COMMON
NATURE, which alone is sufficient to oblige men to assist each other.
VII. It is a question, whether one man is bound to protect another, or
one people another people from injury and aggression. Plato thinks that
the individual or state not defending another from intended violence
is deserving of punishment. A case for which provision was made by the
laws of the Egyptians.
But in the first place it is certain that no one is bound to give
assistance or protection, when it will be attended with evident danger.
For a man's own life and property, and a state's own existence and
preservation are either to the individual, or the state, objects of
greater value and prior consideration than the welfare and security of
other individuals or states.
Nor will states or individuals be bound to risk their own safety, even
when the aggrieved or oppressed party cannot be relieved but by the
destruction of the invader or oppressor. For under some circumstances
it is impossible successfully to oppose cruelty and oppression, the
punishment of which must be left to the eternal judge of mankind.
Public-domain text, read in full here on John Shaqi.
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