Allies. 125. Next to subjects are allies, whom the state has bound itself to succour; and friendly powers, though without alliance, may also be protected from unjust attack. This extends even to all mankind; though war in behalf of strangers is not obligatory. |Strangers.| It is also lawful to deliver the subjects of others from extreme manifest oppression of their rulers; and though this has often been a mere pretext, we are not on that account to deny the justice of an honest interference. He even thinks the right of foreign powers, in such a case, more unequivocal than that of the oppressed people themselves. At the close of this chapter he protests strongly against those who serve in any cause for the mere sake of pay, and holds them worse than the common executioner, who puts none but criminals to death.[409]
[409] C. 25.
None to serve in an unjust war. 126. In the twenty-sixth and concluding chapter of this second book, Grotius investigates the lawfulness of bearing arms at the command of superiors and determines that subjects are indispensably bound not to serve in a war which they conceive to be clearly unjust. He even inclines, though admitting the prevailing opinion to be otherwise, to think, that in a doubtful cause, they should adhere to the general moral rule in case of doubt, and refuse their personal service. This would evidently be impracticable and ultimately subversive of political society. It, however, denotes the extreme scrupulosity of his mind. One might smile at another proof of this, where he determines that the hangman, before the performance of his duly, should satisfy himself as to the justice of the sentence.[410]
[410] C. 26.
Rights in war. 127. The rights of war, that is, of commencing hostility, have thus far been investigated with a comprehensiveness that has sometimes almost hidden the subject. We come now, in the third book, to rights in war. Whatever may be done in war, is permitted either by the law of nature or that of nations. Grotius begins with the first. The means morally, though not physically, necessary to attain a lawful end are themselves lawful; a proposition which he seems to understand relatively to the rights of others, not to the absolute moral quality of actions; distinctions which are apt to embarrass him. We have therefore a right to employ force against an enemy, though it may be the cause of suffering to innocent persons. The principles of natural law authorize us to prevent neutrals from furnishing an enemy with the supplies of war, or with anything else essential for his resistance to our just demands of redress, such as provisions in a state of siege. And it is remarkable that he refers this latter question to natural law, because he had not found any clear decision of it by the positive law of nations.[411]
[411] L. iii., c. 1.
Use of deceit. 128. In acting against an enemy force is the nature of war. But it may be inquired, whether deceit is not also a lawful means of success? The practice of nations and the authority of most writers seem to warrant it. Grotius dilates on different sorts of artifice, and after admitting the lawfulness of such as deceive by indications, comes to the questions of words equivocal or wholly false. This he first discusses on the general moral principle of veracity, more prolixly, and with more deference to authority, than would suit a modern reader; yet this basis is surely indispensable for the support of any decision in public casuistry. The right, however, of employing falsehood towards an enemy, which he generally admits, does not extend to promises, which are always to be kept, whether express or implied, especially when confirmed by oath. And more greatness of mind, as well as more Christian simplicity would be shown by abstaining wholly from falsehood in war. The law of nature does not permit us to tempt any one to do that which in him would be criminal, as to assassinate his sovereign, or to betray his trust. But we have a right to make use of his voluntary offers.[412]
[412] L. iii., c. 1.
Rules and Customs of nations. 129. Grotius now proceeds from the consideration of natural law or justice to that of the general customs of mankind, in which, according, to him, the arbitrary law of nations consists. |Reprisals.| By this, in the first place, though naturally no one is answerable for another, it has been established that the property of every citizen is as it were mortgaged for the liabilities of the state to which he belongs. Hence, if justice is refused to us by the sovereign, we have a right to indemnification out of the property of his subjects. This is commonly called reprisals; and it is a right which every private person would enjoy, were it not for the civil laws of most countries, which compel him to obtain the authorisation of his own sovereign, or of some tribunal. By an analogous right the subjects of a foreign state have sometimes been seized in return for one of our own subjects unjustly detained by their government.[413]
[413] C. 2.