International law; Natural law; War (International law)
Reprisals do not come exactly under the same rule. For like taxes,
they were introduced for the discharge of public debts, for no part
of which temporary residents, or foreigners are answerable. Therefore
Baldus is right in his observation, that, after war is actually begun,
much greater latitude is allowed, than in the bare right of making
reprisals. So that what is said of foreigners, who enter into an
enemy's country, and reside there, after war is avowedly declared and
begun, is undoubtedly true.
VII. But persons, who had gone to reside there before the war was
begun, seem by the law of nations to be included in the number of
enemies, unless within a reasonable time they chuse to withdraw. So
that the Corcyraeans, when going to besiege Epidamnus, gave leave to
all strangers to withdraw, denouncing that they would otherwise be
treated as enemies.
VIII. But the persons of natural-born subjects, who owe permanent
allegiance to a hostile power may, according to the law of nations, be
attacked, or seized, wherever they are found. For whenever, as it was
said before, war is declared against any power, it is at the same time
declared against all the subjects of that power. And the law of nations
authorises us to attack an enemy in every place: An opinion supported
by most legal authorities: thus Marcian says "that deserters may be
killed in the same manner as enemies, wherever they are found." They
may be lawfully killed there, or in their own country, in the enemy's
country, in a country belonging to no one, or on the sea. But as to
the unlawfulness of killing, or violently molesting them in a neutral
territory, this protection does not result from any personal privileges
of THEIR OWN, but from the rights of the SOVEREIGN of that country.
For all civil societies had an undoubted right to establish it as a
standing maxim that no violence should be offered to any person within
their territories, nor any punishment inflicted but by due process of
law. For where tribunals retain their authority in full vigour, to try
the merits of every offence, and, after impartial inquiry, to acquit
the innocent, or condemn the guilty, the power of the sword must be
restrained from inflicting promiscuous death.
Livy mentions the circumstance of seven Carthaginian gallies riding
at anchor in a port belonging to Syphax, who was then at peace with
the Carthaginians and Romans. Scipio arrived at that time, with two
gallies, which might have been attacked and sunk by the Carthaginians,
before they could enter the port: a brisk wind rising carried them in,
before the Carthaginians could weigh anchor; but out of respect to the
king's authority they durst not attack the Romans in his harbour.
Public-domain text, read in full here on John Shaqi.
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