International law; Natural law; War (International law)
XI. The reason why a declaration is necessary to constitute what is
deemed, according to the law of nations, a just war, is not that which
some writers assign. For they allege that it is to prevent every
appearance of clandestine and treacherous dealing: an openness, which
may be dignified with the name of magnanimity, rather than entitled a
matter of right. On this point, we are informed that some nations have
gone so far, as to settle and make known the very time and place of a
general engagement.
But waving all conjecture, a more satisfactory reason may be found in
the necessity that it should be known for CERTAIN, that a war is not
the PRIVATE undertaking of bold ADVENTURERS, but made and sanctioned
by the PUBLIC and SOVEREIGN authority on both sides; so that it is
attended with the effects of binding all the subjects of the respective
states;--and it is accompanied also with other consequences and rights,
which do not belong to wars against pirates, and to civil wars.
XII. There is much truth indeed in the observations, which some have
made, and which they have produced examples to confirm, that even in
wars of this kind all captures become the lawful prize of the captors.
Yet this is only partially true, and that too, according to the law
of nature, and not according to the voluntary law of nations. For the
latter only makes provision to secure the rights of nations, as WHOLE
communities, and not of those, who, as in civil wars, form but ONE PART
of a nation.
The same writers are mistaken too in the supposition that defensive
wars require no declaration. For it is no less necessary to shew by
way of vindication that it is a defensive war, and at the same time
by public declaration to give it the character of a national and
lawful war, in order to establish those rights and consequences, that
have been already mentioned, and which will hereafter be more fully
explained.
XIII. They maintain another position also, which is by no means
true, and that is, that a power ought not IMMEDIATELY to follow up
a declaration of war with actual hostilities, as Cyrus did to the
Armenians, and the Romans to the Carthaginians. For the law of nations
requires the intervention of no DEFINITE time between the declaration
and the commencement of war.
There may indeed be some cases, where natural justice will render such
a delay proper. Thus, for instance, where reparation for injury, or
the punishment of aggressors is demanded, it is but reasonable to wait
till it can be known, whether the just demand will be complied with or
rejected.
XIV. In order to establish the same consequences, a declaration will
be equally necessary too, where the rights of Ambassadors have been
violated. Yet it will be sufficient for it to be made in the manner,
in which it may be done with the greatest safety. As in many other
matters, in places which afford no security, satisfaction is demanded
by denunciation or summons.
CHAPTER IV.
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