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Home - LONANG Library - Hugo Grotius - Law of War and Peace
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BOOK 3, CHAPTER 20On The Good Faith of States, by Which War Is Ended; Also on the
Working of Peace Treaties, on Decision by Lot, on Combat by
Agreement; on Arbitration, Surrender, Hostages, and PledgesI. Division of good faith between enemies, according to the order of what follows.
II. In a monarchy the right to make peace belongs to the kingIII. What if the king is an infant, insane, a captive, or in exileIV. In an aristocracy or a democracy the right of making peace belongs to the majorityV. Now the sovereignty, or a part of the sovereignty, or the property of the realm may be validly alienated for the sake of peaceVI. How far the people, or his successors, are bound by a peace made by a kingVII. In arranging peace the property of subjects can be given up for the sake of the public advantage, but with the obligation of making good the lossVIII. What in regard to property already lost in war?IX. No distinction is here made between property acquired under the law of nations and under the municipal lawX. From the point of view of foreigners public advantage is presumedXI. General rule for the interpretation of peace covenantsXII. In doubtful cases it is believed that the understanding is that things remain as they are; how this ought to be interpretedXIII. What if an agreement has been made, that all things are to be restored to the condition in which they were before the war?XIV. In such cases those who previously were free and of their own accord became subject to another are not restoredXV. In case of doubt damages caused by war are considered as remittedXVI. The principle stated does not apply to what was owed to individuals before the warXVII. In case of doubt also punishments, which were publicly due before the war, are considered as remittedXVIII. What of the right of private persons to inflict punishments?XIX. A right, which was publicly alleged before the war, but was in dispute, is easily understood to be in abeyanceXX. Things captured after the making of peace must be restoredXXI. Some rules bearing upon the agreement to restore things captured in warXXII. Regarding income.
XXIII. On the names of regionsXXIV. Concerning reference to a former treaty; and concerning him through whom the failure to perform has comeXXV. Concerning delayXXVI. In case of doubt that interpretation should be adopted which is contrary to the interest of the party that made the termsXXVII. Distinctions are drawn between furnishing a new cause for war and breaking a treaty.
XXVIII. How a treaty of peace may be broken by acting contrary to what is contained in every peaceXXIX. What if allies have made an attack?XXX. What if subjects have so acted? How their action should be considered as approvedXXXI. What if subjects should engage in warfare under the command of others?XXXII. What if harm has been done to subjects? Herein a distinction is made.XXXIII. What if harm has been done to allies? Herein likewise a distinction is madeXXXIV. How a treaty of peace may be broken by acting contrary to what has been stated in the peace termsXXXV. Whether a discrimination ought to be made between the articles of the treaty of peace.
XXXVI. What if a penalty has been added?XXXVII. What if necessity has hindered fulfillment?XXXVIII. Peace continues, if the one injured so desiresXXXIX. How peace may be broken by acting contrary to what belongs to the special nature of every peaceXL. What falls under the term friendship?XLI. Whether it is contrary to friendship to receive subjects and exilesXLII. How war may be ended by drawing lotsXLIII. How war may be ended by a set combat; and whether this is lawfulXLIV. Whether the act of kings in such cases binds their peoplesXLV. In such combats who is to be judged the victor?XLVI. How war may be ended by arbitration; and here arbitration is understood to be without appealXLVII. In case of doubt it is understood that arbitrators are bound to decide according to law.
XLVIII. Arbitrators ought not to decide concerning possessionXLIX. What is the force of surrender pure and simple?L. What is the duty of the victor toward those who make an unconditional surrender?LI. Concerning conditional surrenderLII. Who can, and should, be given as hostages?LIII. What the right over hostages isLIV. Whether a hostage may lawfully escapeLV. Whether a hostage may be lawfully detained for any other reasonLVI. A hostage is set free at the death of the one for whom he came as hostageLVII. Whether a hostage may be retained after the death of the king who gave himLVIII. Sometimes hostages are under obligation as principals, and one is not bound for the act of the otherLIX. Of what sort is the obligation arising from pledges of property?LX. When the right of redemption is lost |
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