International law; Natural law; War (International law)
Plutarch relates of the Cretans, that when all order among them was
entirely broken by their civil broils, they abstained from offering
violence to any member of the priesthood, or to those employed in the
sacred rites belonging to the dead. From hence the Greeks came to
denote a GENERAL MASSACRE by the proverbial expression of NO ONE BEING
LEFT TO CARRY FIRE TO THE ALTAR.
Equally privileged with the holy priesthood are those, who devote
their lives to the pursuit of letters, and other studies beneficial to
mankind.
XI. Diodorus bestows an encomium upon the Indians, who, in all their
wars with each other, forbore destroying or even hurting those employed
in husbandry, as being the common benefactors of all. Plutarch relates
the same of the ancient Corinthians and Megarensians, and Cyrus sent
a message to the king of Assyria to inform him that he was willing to
avoid molesting all who were employed in tilling the ground.
XII. To the above catalogue of those exempted from sharing in the
calamities of war, may be added merchants, not only those residing for
a time in the enemy's country, but even his natural-born, and regular
subjects: artisans too, and all others are included; whose subsistence
depends upon cultivating the arts of peace.
XIII. and XIV. More civilized manners having abolished the barbarous
practice of putting prisoners to death, for the same reason, the
surrender of those, who stipulate for the preservation of their lives
either in battle, or in a siege, is not to be rejected.
The Romans, when investing towns, always accepted offers of
capitulation, if made before the battering ram had touched the walls.
Caesar gave notice to the Atuatici, that he would save their city,
if they surrendered, before the battering ram was brought up. And in
modern times it is the usual practice, before shells are thrown, or
mines sprung, to summon places to surrender, which are thought unable
to hold out--and where places are stronger, such summons is generally
sent, before the storming is made.
XV. and XVI. Against these principles of natural law and equity an
objection is sometimes derived from the necessity of retaliation,
or striking terror, in cases of obstinate resistance. But such an
objection is by no means just. For after a place has surrendered, and
there is no danger to be apprehended from the prisoners, there is
nothing to justify the further effusion of blood.--Such rigour was
sometimes practised, where there were any enormous acts of injustice,
or any violation of faith; it was practised also upon deserters, if
taken.
Sometimes, where very important advantages may attend striking a
terror, by preventing the same crimes in future from being committed,
it may be proper to exercise the right of rigour in its full extent.
But an obstinate resistance, which can be considered as nothing but the
faithful discharge of a trust, can never come within the description of
such delinquencies, as justify extreme rigour.
Public-domain text, read in full here on John Shaqi.
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