Laws of war

“ Laws of war are consequently more than ever important and necessary, since, in the differences of culture and opinion which prevail between individuals and classes, law is almost the only moral power the force of which is acknowledged by all, and which binds all together under common rules. ”

“ One of the most obvious and advantageous departures from the so-called laws of war is the action of scattered groups against men pressed together in a mass. Such action always occurs in wars that take on a national character. ”

“ Thus, it is now the established Law of Nations, that necessity is the measure of violence in war, and humanity, its tempering spirit; or, as it has been otherwise enunciated, the rights of war are to be measured by the objects of the war.
Although we have a right to kill our enemies in war; it is only when we find gentler methods insufficient to conquer their resistance and bring them to terms, that we have a right to put them to death. ”

“ As soon therefore as we have declared war, we have a right to do against the enemy whatever we find necessary for the attainment of that end, for the purpose of bringing him to reason, and obtaining justice and security from him. ”

“ Imperfect Wars between nations, that is such wars as nations carry on one against the other, without declaring or proclaiming them, though they are Public Wars, are seldom called wars at all; they are more usually known by the name of reprisals, or acts of hostility. It has often been important to determine, on the re-settlement of peace, what time war commenced, and when reprisals ceased. ”

“ Therefore, once more: war is an instrument of policy; it must necessarily bear its character, it must measure with its scale: the conduct of war, in its great features, is therefore policy itself, which takes up the sword in place of the pen, but does not on that account cease to think according to its own laws. ”

“ XXXVIII. It has been shewn before, and it is a truth founded upon historical fact, that wars are undertaken, as acts of punishment, and this motive, added to that of redress for injuries, is the source, from which the duties of nations, relating to war, take their rise. But it is not every injury, that can be construed into a just ground of war. For laws, whose vengeance is meant to protect the innocent, and to fall upon the guilty, do not regard every case, as a sufficient warrant for their exertion. ”

“ Peruse any ancient historian, or the battles in Homer and Virgil, WHICH THOUGH FICTIONS, DESCRIBE THE MANNERS OF THE AGE, and you see combatants engaged, on whom the laws of nature and of nations seem to have lost their force. Read the accounts of modern warfare and you find hostilities commenced, not from private animosity, but from some great and national object, in the prosecution of which the feelings of the individuals appointed to conduct them are not the only springs of action. ”

“ The Acte Final of the Conference further registers a væu that "the Powers should, in all cases, apply, as far as possible, to war at sea the principles of the Convention concerning the laws and customs of war on land." ”

“ but there is such a thing as legitimate warfare: war has its laws; there are things which may fairly be done, and things which may not be done. ”

“ And shall our soldiers go out to fight for life and kindred and property unprepared, because sham fights are thought to be ridiculous? Will not the legislator require that his citizens shall practise war daily, performing lesser exercises without arms, while the combatants on a greater scale will carry arms, and take up positions, and lie in ambuscade? ”

“ General reprisals upon the persons and property of the subjects of another nation are equivalent to open war. It is often the first step which is taken at the commencement of a public war, and may be considered as amounting to a declaration of hostilities, unless satisfaction is made by the offending state. ”

“ Neutrality consists in—1st, Giving no assistance when there is no obligation to give it; nor voluntarily to furnish troops, arms, ammunition, or anything of direct use in war. 2ndly, In whatever does not relate to war, a neutral and impartial nation must not refuse to one of the parties (on account of his present quarrel) what she grants to the other. ”

“ Without such an official act, it might be difficult to distinguish, in a Treaty of Peace, those acts which are to be accounted lawful effects of war, from those which either nation may consider as naked wrongs, and for which they may, under certain circumstances, claim reparation. ”

“ The historical figures at the head of armies, who formerly reflected the movement of the masses by ordering wars, campaigns, and battles, now reflected the restless movement by political and diplomatic combinations, laws, and treaties. ”

“ It is impossible for Her Majesty to forego the exercise of her right of seizing articles contraband of war, and of preventing neutrals from bearing the enemy's despatches, and she must maintain the right of a belligerent to prevent neutrals from breaking any effective blockade which may be established with an adequate force against the enemy's forts, harbours, or coasts. ”

“ XXV. As a consequence deducible from the above positions, it may be observed, that if a people not engaged in war be made mediators in a doubtful matter respecting things captured in war, the cause must be adjudged in favour of him, who has on his side the laws and customs of the country, which he has espoused. ”

“ The rule which declares that war makes all the citizens or subjects of one belligerent enemies of the Government and of all the citizens or subjects of the other, applies equally to civil and to international wars. ”

“ The law of war does not only disclaim all cruelty and bad faith concerning engagements concluded with the enemy during the war (§ 7) , but also the breaking of stipulations solemnly contracted by the belligerents, in time of peace, and avowedly intended to remain in force in case of war between the contracting powers. ”

“ Our arms having been everywhere victorious, having subjected to our military occupation a large portion of the enemy's country, including his capital, and negotiations for peace having failed, the important questions arise, in what manner the war ought to be prosecuted and what should be our future policy. ”

“ Indeed, apart from certain restrictions, everything may eventually be the object of a means of warfare, provided the means are legitimate in themselves and are capable of fostering the realisation of the purpose of war. ”

“ But this conflict must be one which will be recognized in the sense of international law as war. Belligerence, too, is a fact. The mere existence of contending armed bodies and their occasional conflicts do not constitute war in the sense referred to. ”

“ And he shall judge among the nations, and shall rebuke many people: and they shall beat their swords into plowshares, and their spears into pruning-hooks: nation shall not lift up sword against nation, neither shall they learn war any more. ”

“ Whatever may be the cause of a war that has broken out, and whether or no the cause be a so-called just cause, the same rules of International Law are valid as to what must not be done, may be done, and must be done by the belligerents themselves in making war against each other, and as between the belligerents and neutral States. ”

“ Every nation is fighting in self-defence, every nation is fighting to destroy the tyranny of armaments, every nation is fighting to show that unprovoked aggression cannot be practised with impunity. Every nation pays homage to peace by maintaining that its enemies began the war. ”

“ It certainly does now enter into the scheme of the war. Sir, no citizen of the United States would have given his consent to an unprovoked attack on that country merely for the purpose of getting possession of it. But I do, for one, rejoice that, under present circumstances, we thus have an opportunity afforded us, not only to make our enemy feel our power, but to drive him from this continent, and to remove one of the most frequent causes of war among nations—neighborhood and contiguity. The evils of peace, on the terms of gentlemen in opposition, cannot be borne. ”

“ And if in fact, or under any colour, we should endeavour to seize the said kingdom by force of arms, by making, or moving war, offensive or defensive, from this time for ever, that is to be held, judged, and declared, for an unlawful, unjust, and wrongfully undertaken war, and for violence, invasion, and usurpation, done against reason and conscience ”

“ ARTICLE 5.—In the absence of a state of war, measures of force by land, by sea or in the air taken by one State against another and not taken for the purpose of defense against aggression or for the protection of human life shall be deemed to be acts of aggression. ”

“ I have read and detailed to you a system which was in itself a declaration of war against all nations, which was so intended, and which has been so applied, which has been exemplified in the extreme peril and hazard of almost all who for a moment have trusted to treaty, and which has not at this hour overwhelmed Europe in one indiscriminate mass of ruin, only because we have not indulged, to a fatal extremity, that disposition, which we have, however, indulged too far ”

“ The question of the rights and wrongs of a particular war is generally considered from a juridical or quasijuridical standpoint: A certain country broke a certain treaty, crossed a certain frontier, committed certain technically unfriendly acts, and, therefore, by the rules, it is permissible to kill as many of the soldiers of that country as modern armaments render possible. ”

“ Every principle of policy must be subverted, and the government must declare war, before they are prepared to carry it on. Whatever may be the provocation, however important the object in view, and however necessary dispatch and secrecy may be, still the declaration must precede the preparation, and the enemy will be informed of your intention, not only before you are equipped for an attack, but even before you are fortified for a defence. ”

“ If it be ‘yes, that he will fire at you if you attack the French under his protection,’ then, if you have force enough, make your attack on the whole body, and take them all if you can, for I should consider such an answer as a perfect declaration of war. ”

“ Indeed every nation, of a military disposition, and addicted to warlike pursuits, considers war not merely as a means of repelling the attacks of [pg 262] enemies, or of gaining plunder or territory by being itself the invader. ”

“ I, for my part, am convinced that the error, which has been handed down to us from antiquity, according to which all law is suspended during war, and everything is allowable against the enemy nation—that this abominable error can but increase the unavoidable sufferings and evils of war without necessity, and without utility from the point of view of that energetic way of making war which I also think is the right way. ”

“ Secondly, the right to obtain justice by force, if we cannot obtain it otherwise, or to pursue our right by force of arms. This is the foundation of offensive war.”
Justice is pledged by men to each other by means of promises or contracts; what promises and contracts are between men, treaties are between nations. ”

“ The continual state of warfare in which Europe is kept, too clearly shows how ill-governed it is. Were each nation naturally and nobly governed, war would cease, and the people would learn to understand and to respect one another's rights without a passionate or suicidal recourse to arms. ”

“ Self-imposed restrictions, almost imperceptible, and hardly worth mentioning, termed usages of International Law, accompany it without essentially impairing its power.
"Violence, that is to say physical force, is therefore the Means; the compulsory submission of the enemy to our will is the ultimate object. ”

“ The more vigorously wars are pursued, the better it is for humanity. Sharp wars are brief.
Ever since the formation and co-existence of modern nations, and ever since wars have become great national wars, War has come to be acknowledged not to be its own end, 3but the means to obtain great ends of state, or to consist in defence against wrong; and no conventional restriction of the modes adopted to injure the enemy is any longer admitted; but the law of war imposes many limitations and restrictions on principles of justice, faith, and honor. ”

“ Whenever a case arises in which a State lacking the legal qualification to make war nevertheless actually makes war, such State is a belligerent, the contention is real war and all the rules of International Law respecting warfare apply to it. ”

“ This precept of the law of war has been so recognized in practice both here and abroad, and has so generally been accepted as valid by authorities on international law [12] that we think it must be regarded as a rule or principle of the law of war recognized by this Government by its enactment of the Fifteenth Article of War. ”

“ Another extraordinary moral consequence flows from this insufficiency of defence: “If the enemy fails to defend his country, we may rightfully appropriate what we want.” Here, now, is a nice question of martial law or casuistry, solved with the simplicity of an ancient Roman. In other words, when in the enemy’s country, the army shall be strictly careful not to seize, capture or appropriate to military or private uses, any property—that it cannot get.
“They (the Southern people) have lost all title to property, and can lose nothing not already forfeited.” ”