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, history, laws and/or war:
“The only thing worse than a liar is a liar that’s also a hypocrite!
There are only two great currents in the history of mankind: the baseness which makes conservatives and the envy which makes revolutionaries.”
—Edmond De Goncourt (1822–1896)
“What you don’t understand is that it is possible to be an atheist, it is possible not to know if God exists or why He should, and yet to believe that man does not live in a state of nature but in history, and that history as we know it now began with Christ, it was founded by Him on the Gospels.”
—Boris Pasternak (1890–1960)
“... I want to live and be happy. I believe that we cannot be one or the other by pushing the absurd to all its consequences. I am like everyone. To feel liberated, I sometimes wish death on my loved ones, I covet the wives forbidden to me by the laws of family and friendship. To be logical, I should then kill or possess. But I judge that these vague ideas are unimportant. I everyone tried to put them to reality, we could neither live nor be happy.”
—Albert Camus (1913–1960)
“It is a war against the pines, the only real Aroostook or Penobscot war.”
—Henry David Thoreau (1817–1862)