WAR RELATIONS.
"International law assumes that there must be wars and fightings among nations, and endeavors to lay down rules by which they shall be brought within the limits of justice and humanity."
Causes.—A nation may wage war to defend any right which as a state it is bound to protect, to redress wrong, or to prevent injury; for instance, to defend its own sovereignty; to protect a citizen in his rights; to obtain satisfaction for insults to its flag, its ambassadors, or its good name; for the violation of treaty rights; to prevent injury, as by checking the onward march of some "conquering hero." War for conquest is not now recognized as legitimate.
Beginning.—"War between independent sovereignties, is and ought to be, an avowed, open way of obtaining justice." Even among the ancients announcements were usually made before war was begun. The Greeks sent a herald to carry the news. "Among the Romans the ceremonies of making known the state of war were very punctilious." But formal declarations of war are now falling into disuse; not from any intention of taking the enemy unawares, but because of the rapidity with which news is now disseminated. Still a state is in honor bound to indicate in some way its changed relation. This is due to the enemy, and just to its own citizens and to neutrals, that they may know how to act. The enemy is usually informed by the peremptory dismissal of its ambassador; the citizens and neutrals by a manifesto of some kind. (See p.354.)
Between whom.—War being an interruption of peaceful relations, commerce between the citizens is at an end—is forbidden. Contracts between them then become either "impossible in their nature" or "unlawful," and therefore void.
The war is not between the individual citizens of the two countries, it is between the governments and is waged by authorized agents—the soldiers and sailors enlisted for the purpose. "The smallest amount of injury consistent with self-defense and the sad necessity of war, is to be inflicted." Passive citizens are not unnecessarily to be molested.
Weapons.—Not "all things are fair in war." Though ingenuity may properly tax itself to produce death-dealing instruments, underhanded means, such as poisoning springs or spreading a plague, are condemned; nor is it now regarded as consistent with right for a civilized nation to employ against another, persons accustomed to an inhuman mode of warfare.
Heralds and Spies.—Heralds bearing flags of truce are inviolable—they must not be molested. Spies, unless in their regimentals, are subject to the death penalty if caught.
Pirates and Privateers.—Pirates, acting under no authority, having no purpose to serve except to enrich themselves at the expense of any one else, are not protected by any nation, and may be put to death by any one capturing them. But privateers, acting as an arm of the government and by its authority, granted by its letters of marque and reprisal, must be treated as prisoners of war.
Prisoners of War.—Prisoners taken in war were formerly the property of their captors, to be used for their pleasure or profit as slaves. Modern usage requires that they be merely detained; that they be fed and sheltered with reasonable comfort, and not treated with any unnecessary harshness. A common practice, worthy of encouragement, is that of exchanging prisoners, thus restoring them to their own side. Sometimes, too, prisoners are released on parole, that is, on their word of honor not to re-enter the army. If a paroled prisoner breaks his word in this respect, upon recapture he is liable to be put to death.
Termination.—Peace comes by treaty. There is usually a preliminary treaty, containing the general statement of conditions to which both parties will consent. When all the details have been arranged, a definitive treaty is concluded. Treaties of peace go into effect as between the parties, when they are signed; as between individuals of the belligerent nations, when they are notified.