History of The Laws of War
Legal constraints on the conduct of war in ancient Rome appear in Cicero: "As for war, humane laws touching it are drawn up in the fetial code of the Roman People." Specifically, "no war is just, unless it is entered upon after an official demand for satisfaction has been submitted or warning has been given and a formal declaration made." Breaches of this duty by Roman citizens were adjudicated at trial.
But to enemies of war, Roman law attributed neither duties nor rights; hence judgment – and punishment – of defeated foes was at Roman discretion. Still, the exercise of that discretion must serve justice, Cicero argued: "...when the victory is won, we should spare those who have not been blood-thirsty and barbarous in their warfare" (warmaking being excused only when "we may live in peace unharmed" in no other way).
The Western tradition of thinking on just war continues into Christendom and then Modernity, and from the late 19th century becomes codified in international conventions, most notably those of Geneva and the Hague, then said to express laws of war.
Read more about this topic: Victor's Justice
Famous quotes containing the words history of the, history of, history, laws and/or war:
“... the history of the race, from infancy through its stages of barbarism, heathenism, civilization, and Christianity, is a process of suffering, as the lower principles of humanity are gradually subjected to the higher.”
—Catherine E. Beecher (1800–1878)
“If usually the “present age” is no very long time, still, at our pleasure, or in the service of some such unity of meaning as the history of civilization, or the study of geology, may suggest, we may conceive the present as extending over many centuries, or over a hundred thousand years.”
—Josiah Royce (1855–1916)
“There are two great unknown forces to-day, electricity and woman, but men can reckon much better on electricity than they can on woman.”
—Josephine K. Henry, U.S. suffragist. As quoted in History of Woman Suffrage, vol. 4, ch. 15, by Susan B. Anthony and Ida Husted Harper (1902)
“Sadder than destitution, sadder than a beggar is the man who eats alone in public. Nothing more contradicts the laws of man or beast, for animals always do each other the honor of sharing or disputing each other’s food.”
—Jean Baudrillard (b. 1929)
“I really don’t think this war will end soon. We are completely aware of the difficulties, no food or fuel, the danger, but we want to be stronger than all that. With each child, we are fighting back with our love of life.”
—Tina Bajraktarebic (b. 1965)