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Home - LONANG Library - Hugo Grotius - Law of War and Peace
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BOOK 3, CHAPTER 4On The Right of Killing Enemies in a Public War, And on Other Violence Against The PersonI. The effects of a public war are explained in general termsII. A distinction is made between the word 'permissible' as referring to that which is done with impunity, although not without moral wrong, and to that which is free from moral wrong even if virtue would enjoin not to do it; with examplesIII. The effects of a public war in general are concerned with permission that grants impunity.
IV. Why such effects have been introducedV. Testimony regarding these effectsVI. Out of this right arises the right to kill and injure all who are in the territory of the enemy.
VII. What is the situation in case foreigners have entered a country before the outbreak of war?VIII. The right to inflict injury extends to subjects of enemies anywhere, unless the law of the foreign territory prevents itIX. The right to inflict injury extends even over infants and womenX. The right to inflict injury extends even over captives, and without limitation of time.
XI. The right to inflict injury extends even over those who wish to surrender, but whose surrender is not acceptedXII. The right to inflict injury extends even over those who have surrendered unconditionally.
XIII. It is incorrect to refer this right to other causes, as retaliation, or obstinacy of defense.
XIV. The right to inflict injury extends over hostages alsoXV. By the law of nations it is forbidden to kill any one by means of poisonXVI. By the law of nations it is forbidden to poison weapons or watersXVII It is not forbidden by the law of nations to pollute waters in another wayXVIII. Whether or not the use of assassins is contrary to the law of nationsXIX. Whether rape is contrary to the law of nations |
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