International law; Natural law; War (International law)
But as the Neapolitans reply to Belisarius, in Procopius, no one can be
thought deserving of punishment for a resolute adherence to the side
on which he is engaged, especially when actuated by natural and just
motives in his choice of that side. So far from incurring guilt by such
a resolution, it is on the other hand more criminal for any one to
desert his post: and so it was judged by the military laws of ancient
Rome. Livy says, it was a capital offence, for which no fear of danger
could be pleaded as an excuse. So that in the rigid application of
this right, OWING TO ITS IMPORTANCE, every one is left to use his own
discretion, and there may be times and circumstances, in which the law
of nations will justify its full exertion.
XIV. The same right was exercised upon hostages also, not only upon
those who had bound themselves, as it were, by convention, but even
upon those, who had been delivered up by others. Two hundred and fifty
hostages were once massacred by the Thessalians, and the Volsci Aurunci
to the amount of three hundred by the Romans. It is to be observed
that children were sometimes given, as hostages, which we find was
done by the Parthians, and by Simon, who was one of the Maccabees. And
in the times of Porsena it was usual to deliver women, as hostages: a
practice, which, as Tacitus informs us, was followed by the Germans.
XV. As the law of nations permits many things, in the manner above
explained, which are not permitted by the law of nature, so it
prohibits some things which the law of nature allows. Thus spies, if
discovered and taken, are usually treated with the utmost severity. Yet
there is no doubt, but the law of nations allows any one to send spies,
as Moses did to the land of promise, of whom Joshua was one.
Persons of that description may sometimes be LAWFULLY employed by
those, who are engaged in an EVIDENTLY just war. Others too, who have
not such evident proofs of the justice of their cause, may plead the
rights of war as a vindication for employing such persons.
But if any are to be found, who disdain to avail themselves of such
a privilege, or opportunity, no argument either FOR, or AGAINST the
LAWFULNESS of employing spies can be drawn from their conduct, which
proceeds rather from a nobleness of mind, and a confidence in open
strength, than from any decided opinion upon the subject.
CHAPTER V.
ON THE RIGHT TO LAY WASTE AN ENEMY'S COUNTRY, AND CARRY OFF HIS EFFECTS.
An enemy's property may be wasted and plundered--Things deemed sacred,
how far exempted--Stratagem, how far permitted.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account