International law; Natural law; War (International law)
I. Cicero, in the third book of his offices, has said that there is
nothing repugnant to the LAW OF NATURE in spoiling the effects of an
enemy, whom by the same law we are authorized to kill. Wherefore it is
not surprising that the same things should be allowed by the LAW OF
NATIONS. Polybius, for this reason, in the fifth book of his history,
maintains, that the laws of war authorise the destruction of an enemy's
forts, harbours, and fleets, the seizure of his men, or carrying off
the produce of his country, and every thing of that description. And we
find from Livy that there are certain rights of war, by which an enemy
must expect to suffer the calamities, which he is allowed to inflict,
such as the burning of corn, the destruction of houses, and the plunder
of men and cattle. Almost every page of history abounds in examples
of entire cities being destroyed, walls levelled to the ground, and
even whole countries wasted by fire and sword. Even in cases of
surrender, towns have sometimes been destroyed, while the inhabitants
were spared--an example of which is given by Tacitus, in the taking of
Artaxata by the Romans; the inhabitants opened their gates and were
spared, but the town was devoted to the flames.
II. Nor does the law of nations, in itself, considered apart from other
duties, which will be mentioned hereafter, make any exemption in favour
of things deemed sacred. For when places are taken by an enemy, all
things without exception, whether sacred or not, must fall a sacrifice.
For which it is assigned as a reason, that things which are called
sacred, are not actually excepted from all human uses, but are a kind
of public property, called sacred indeed from the general purposes, to
which they are more immediately devoted. And as a proof of this, it is
usual, when one nation surrenders to another state or sovereign, to
surrender, along with other rights, every thing of a sacred kind, as
appears by the form cited from Livy in a former part of this treatise.
Public-domain text, read in full here on John Shaqi.
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