International law; Natural law; War (International law)
The principal drift of our argument rests upon these justifiable
causes, to which the sentiment of Coriolanus in Dionysius of
Halicarnassus, particularly applies, he says, "in the first place, I
beseech you to consider how you may find pious and just pretexts for
the war." And Demosthenes in his second Olynthiac, makes a similar
observation, "I think, _says he_, that as in a ship, or house, or any
other fabric, the lowest parts ought to be the strongest; so in all
political measures the motives and pretexts ought to be laid deeply
in the principles of truth and justice." The following language of
Dion Cassius is no less applicable to the question. "Justice must be
made the principal ground of our actions. For with such support there
is the best hope of success to our arms. But without that, any point
which may be gained for the moment has no firm ground to rest upon."
To which may be added, the words of Cicero, who maintains those wars
to be unjust, which are made without sufficient cause. And in another
place, he reproves Crassus for having intended to pass the Euphrates,
when there was no cause of war. Which is no less true of public than of
private wars. Hence come the complaints of Seneca, "Why do we restrain
homicide, and the murder of individuals, but glory in the crime of
slaughter, which destroys whole nations? Avarice and cruelty know not
any bounds. By decrees of the Senate, and of the people cruel acts are
authorized, and measures, which are pursued by order of the state, are
forbidden to individuals." Wars indeed undertaken by public authority
are attended with certain effects of right, and have the sanction of
opinion in their favour. But they are not the less criminal, when made
without just cause. For which reason Alexander was not improperly
styled a robber by the Scythian ambassadors, as may be seen in Quintus
Curtius. Seneca and Lucan give him the same appellation; the Indian
sages call him a madman; and a pirate once presumed to rank him with
his own class. Justin speaks of Philip in the same terms, who, _says
he_, in deciding a dispute between two rival kings, stripped both
of their dominions with all the treachery and violence of a robber.
Augustin has a pertinent remark on this subject. He says, what are
unjustly acquired dominions, but the spoils of robbery? In the same
strain, Lactantius says, "Men, captivated with the appearances of vain
glory, give the names of virtues to their crimes." Injury, or the
prevention of injury forms the only justifiable cause of war. "And, _in
the language of the same Augustin_, all the evil consequences of war
are to be laid at the door of the aggressor." Thus the Roman Herald in
a declaration of war makes a solemn appeal against the aggressor, as
having violated the laws of nations, and refused proper satisfaction.
Public-domain text, read in full here on John Shaqi.
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