International law; Natural law; War (International law)
V. It is a clear point too, that for any thing to become a prize or
conquest by the right of war, it must belong to an enemy. For things,
within an enemy's territory, for instance, in any of his towns or
garrisons, cannot be acquired as property by the laws of war, if
the owners of those things are neither subjects nor confederates of
the enemy. It is observed in one of the speeches of Aeschines, that
Philip, though at war with the Amphipolitans, could not lawfully
take possession of Amphipolis, as a conquest, it being a city, which
belonged to the Athenians. For as the enemy is likely to derive no
assistance in the war, from things which neither belong to himself,
nor to a confederate, no just reason can be assigned for taking them,
and the right of making things change their owners by force is of too
odious a nature to admit of any extension.
VI. The observation usually made, that all things on board an enemy's
ships are to be deemed an enemy's goods, ought not to be received as
a STANDING and ACKNOWLEDGED rule of the law of nations, but only as a
maxim, indicating the strong presumption that both goods and vessel
belong to the same owner, unless clear proof to the contrary can be
brought. The States General of Holland made such a decision in the
year 1338, at a time when the war with the Hanse-towns raged with the
greatest violence, and the decision consequently passed into a law.
VII. According to the law of nations it is undoubtedly true, that
things taken from an enemy which had been captured by him cannot be
claimed by those, to whom they belonged before they were in the enemy's
possession, and who had lost them in war. Because the law of nations
assigned them to the enemy by the first capture, and then to the
person, who took them from him by the second.
Upon this principle among others, Jephthah defends himself against the
Ammonites, because by the laws of war they had lost the land, which
they claimed, in the same manner, as another part had been transferred
from the Moabites to the Amorites, and from the Amorites to the
Hebrews. Thus David too claims and divides as his own, what he himself
had taken from the Amalekites, and the Amalekites, before him, from the
Philistines.
Titus Largius, as we are informed by Dionysius of Halicarnassus, when
the Volscians laid claim to some possessions, which they had formerly
held, delivered it as his opinion in the Roman Senate, that "the Romans
were the fair and just owners of what they had gained by the right of
conquest, nor ought they to be so weak as to abandon the fruits of
their valour. For not only the people of that day, but their posterity
also had a right to a share of those possessions: so that to abandon
them would be treating themselves like enemies."
VIII. and IX. One great point, which the law of nations designed to
establish, was that the effects or possessions of one enemy should be
considered by another, as things having no owner.
Public-domain text, read in full here on John Shaqi.
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