International law; Natural law; War (International law)
St. Augustin, in defining those to be just wars, which are made to
avenge injuries has taken the word avenge in a general sense of
removing and preventing, as well as punishing aggressions. This appears
to be his meaning from the following sentence of the passage, in which
he does not enumerate the particular acts, which amount to injury,
but adds, by way of illustration, that "the state or nation, which
has neglected to punish the aggressions of its own subjects, or to
make reparation for the losses occasioned by those aggressions, is
a proper object of hostility and attack." Prompted by this natural
knowledge of right and wrong, the Indian King, as we are informed by
Diodorus, accused Semiramis of having commenced war against him without
having received any injury. Thus the Romans expostulated with the
Senones, that they ought not to attack a people who had given them no
provocation. Aristotle in the second book and second chapter of his
Analytics, says, war generally is made upon those who have first done
an injury. Quintus Curtius describes the Abian Scythians, as the best
acquainted with the principles of justice of any of the Barbarians. For
they declined having recourse to arms, unless provoked by aggression.
A just cause then of war is an injury, which though not actually
committed, threatens our persons or property with danger.
III. It has already been proved that when our lives are threatened with
immediate danger, it is lawful to kill the aggressor, if the danger
cannot otherwise be avoided: an instance, as it has been shewn, on
which the justice of private war rests. We must observe that this kind
of defence derives its origin from the principle of self-preservation,
which nature has given to every living creature, and not from the
injustice or misconduct of the aggressor. Wherefore though he may be
clear of guilt, as for instance a soldier in actual service, mistaking
my person for that of another, or a madman in his frenzy, or a man
walking in his sleep, none of these cases deprive me of the right of
self-defence against those persons. For I am not bound to submit to the
danger or mischief intended, any more than to expose myself to the
attacks of a wild beast.
IV. It admits of some doubt, whether those, who unintentionally
obstruct our defence, or escape, which are necessary to our
preservation, may be lawfully maimed or killed. There are some, even
Theologians, who think they may. And, certainly if we look to the law
of nature alone, according to its principles, our own preservation
should have much more weight with us, than the welfare of society. But
the law of charity, especially the evangelical law, which has put our
neighbour upon a level with ourselves, does not permit it.
Public-domain text, read in full here on John Shaqi.
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