International law; Natural law; War (International law)
IX. But to return to the subject, which is, to decide how far the
power of lawfully destroying an enemy, and all that belong to him,
extends. An extent of which we may form some conception from the very
circumstance, that even women and children are frequently subject to
the calamities and disasters of war. There is no occasion to allege
in this place, as an example, the conduct of the Hebrews, who slew
the women and children of the Heshbonites, and who were commanded to
execute vengeance upon the Canaanites, and upon all, who were involved
in the same guilt. Those examples, where God MANIFESTLY interposes his
commands, are not to be drawn into a precedent for authorising actions
of the SAME kind on DIFFERENT occasions. For the supreme and disposing
power of God can never properly be compared with that, which men are
allowed to exercise over each other. The Psalmist's expression of the
Babylonian children being dashed against the stones is a much stronger
proof of the custom commonly prevailing among nations, in the use of
victory, to which the language of Homer bears a close resemblance,
where the poet says, that "in the cruel rage of war, even the bodies of
infant-children were dashed against the ground." Thucydides relates,
that when Mycalessus was captured by the Thracians, they put all,
even women and children to the sword. Arrian relates the same of
the Macedonians, when they took the city of Thebes. And Germanicus
Caesar, according to the account of Tacitus, laid waste whole cantons
of the Marsians, a people of Germany, with fire and sword, to which
the historian adds, "without sparing either age or sex." The Jewish
women and children too were exposed by Titus, to be torn to pieces by
wild beasts at a public spectacle. Yet neither of those generals were
thought deficient in humanity, so much had custom reconciled the minds
of men to this barbarous usage. So that the massacre of the aged, like
that of Priam by Pyrrhus, is no way surprising.
X. The right of putting prisoners of war to death, was so generally
received a maxim, that the Roman Satirist has founded an adage upon
it, and said, "that when you can sell a prisoner for a slave, it would
be absurd to kill him." Words which imply the full power of doing so,
if the captor thought proper. The commentators indeed assign the act
of saving, as the derivation of the Latin word, _servus_, a slave.
Thus Thucydides speaks of the prisoners taken at Epidamnus, and killed
by the Corcyraeans, and Hannibal is reported to have massacred five
thousand prisoners at once. Nor was this power limited by the law of
nations to any particular time, though it was controuled by greater
restrictions in some places, than in others.
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