International law; Natural law; War (International law)
III. In speaking of the calamities of war, as a punishment, it is
proper to make a distinction between misfortune and injury. For a
people may sometimes be engaged in war against their will, where they
cannot be justly charged with entertaining hostile intentions.
Upon this subject, Velleius Paterculus observes that "to blame the
Athenians for revolting, at the time they were besieged by Sylla,
betrays a total ignorance of history. For the Athenians always
continued so steady in their attachment to the Romans, that their
fidelity became a proverbial expression. Yet their situation at that
time excused their conduct, overpowered by the arms of Mithridates,
they were obliged to submit to a foe within, while they had to sustain
a siege from their friends without."
IV. and V. Between complete injuries and pure misfortunes there may be
sometimes a middle kind of actions, partaking of the nature of both,
which can neither be said to be done with known and wilful intention,
nor yet excused under colour of ignorance and want of inclination. Acts
of pure misfortune neither merit punishment, nor oblige the party to
make reparation for the loss occasioned. Hence many parts of history
supply us with distinctions that are made between those who are the
authors of a war, and principals in it, and those who are obliged to
follow others, as accessories in the same.
VI. But respecting the authors of war, a distinction is to be made
also, as to the motives and causes of war: some of which though not
actually just, wear an appearance of justice, that may impose upon
the well meaning. The writer to Herennius lays it down as the most
equitable vindication of injury, where the party committing it, has
neither been actuated by revenge, nor cruelty; but by the dictates of
duty and an upright zeal.
Cicero, in the first book of his offices, advises the sparing of those,
who have committed no acts of atrocity and cruelty in war, and that
wars, undertaken to maintain national honour, should be conducted upon
principles of moderation. And, in one of his letters, adverting to the
war between Pompey and Caesar, he describes the struggle between those
two illustrious men, as involved in so much obscurity of motives and
causes, that many were perplexed in deciding which side to embrace. In
his speech too for Marcellus, he remarks that such uncertainty might be
attended with error, but could never be charged with guilt.
VII. Such forbearance in war is not only a tribute to justice, it
is a tribute to humanity, it is a tribute to moderation, it is a
tribute to greatness of soul. It was in this moderation, says Sallust,
the foundation of Roman greatness was laid. Tacitus describes his
countrymen as a people no less remarkable for their courage in the
field, than for their humanity to the vanquished and suppliant.
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