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Home - LONANG Library - Hugo Grotius - Law of War and Peace
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BOOK 3, CHAPTER 11Moderation with Respect to the Right of Killing in a Lawful WarI. In a lawful war certain acts are devoid of moral justice; a condition which is explainedII. Who may be killed in accordance with moral justiceIII. No one may rightly be killed because of his ill fortune; for example, those who take sides under compulsionIV. No one may rightly be killed on account of a fault that is intermediate between ill fortune and deceit; the nature of such a fault is explainedV. Those who are responsible for a war are to be distinguished from those who follow them.
VI. With regard to those who are responsible for a war we must distinguish between causes which may be and those which may not be approvedVII. Punishment may often be remitted justly even to enemies who have deserved deathVIII. One must take care, so far as is possible, to prevent the death of innocent persons, even by accidentIX. Children should always be spared; women, unless they have been guilty of an extremely serious offence; and old menX. Those also should be spared whose occupations are solely religious or concerned with letters.
XI. Farmers should be sparedXII. Merchants and like persons should be sparedXIII. Prisoners of war also should be sparedXIV. The surrender of those who wish to yield upon fair terms should be acceptedXV. Those also who have surrendered unconditionally should be sparedXVI. What has been stated is true, provided that no serious crime ha. preceded; how this is to be understoodXVII. It is right to spare those who are guilty, if their number is very greatXVIII. Hostages should not be put to death unless they have themselves done wrongXIX. All useless fighting should be avoided |
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