International law; Natural law; War (International law)
On this subject, there is a brilliant passage in the fourth book
to Herennius, where it is said, "It was an admirable resolution of
our ancestors, never to deprive a captive prince of his life. For
it would be truly a violation of common justice to abuse, by wanton
cruelty and rigour, the power over those, whom fortune has put into
our hands, by reducing them from the high condition, in which she had
placed them before; their former enmity is forgotten. Because it is
the characteristic of bravery to esteem opponents as enemies, while
contending for victory, and to treat them as men, when conquered,
in order to soften the calamities of war, and improve the terms and
relations of peace. But it may be asked, if the enemy now treated with
this indulgence would have shewn the same lenity himself. To which a
reply may be made, that he is not an object of imitation in what he
WOULD have done, so much as in what he OUGHT to have done."
VIII. Though there may be circumstances, in which absolute justice will
not condemn the sacrifice of lives in war, yet humanity will require
that the greatest precaution should be used against involving the
innocent in danger, except in cases of extreme urgency and utility.
IX. After establishing these general principles, it will not be
difficult to decide upon particular cases. Seneca says, that "in the
calamities of war children are exempted and spared, on the score
of their age, and women from respect to their sex." In the wars of
the Hebrews, even after the offers of peace have been rejected, God
commands the women and children to be spared.
Thus when the Ninevites were threatened with utter destruction, on
account of their grievous crimes, a mitigation of the sentence was
allowed, in compassion to the many thousands, who were of an age
incapable of making a distinction between right and wrong.
If God, from whose supreme gift the life of man proceeds, and on whose
supreme disposal it depends, prescribes to himself a rule like this,
it is surely incumbent upon men, who have no commission, but for the
welfare and preservation of the lives of men, to act by the same rule.
Thus age and sex are equally spared, except where the latter have
departed from this privilege by taking arms, or performing the part of
men.
X. The same rule may be laid down too with respect to males, whose
modes of life are entirely remote from the use of arms. And in the
first class of this description may be placed the ministers of
religion, who, among all nations, from times of the most remote
antiquity have been exempted from bearing arms.--Thus, as may be seen
in sacred history, the Philistines, being enemies of the Jews, forbore
doing harm to the company of prophets, that was at Gaba: and David fled
with Samuel to another place, which the presence of a prophetic company
protected from all molestation and injury.
Public-domain text, read in full here on John Shaqi.
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