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and even without attempting other measures
335/ Voluntary law of nations on that subject
336 Equitable conditions to be offered
337 Possessor's right in doubtful cases
338 How reparation of an injury is to be sought
Sect.
333 How we acquire a right of recurring to force in a doubtful case
334
339 Retaliation
340 Various modes of punishing, without having recourse to arms
341 Retortion
342 Reprisals
343 What is required to render them lawful
ib.
283
284
344 Upon what effects reprisals are made
345 The state is bound to compensate those who suffer by reprisals
346 The sovereign alone can order reprisals
285
347 Reprisals against a nation for actions of her subjects, and in favour
of the injured subjects.
348
but not in favour of foreigners
349 Those who have given cause for reprisals are bound to indemnify
those who suffer by them
353 Just reprisals do not afford a just cause for war
354 How we ought to confine ourselves to reprisals, or at length proceed to hostilities
BOOK III.
OF WAR.
CHAP. I.
Of War,-its different Kinds,-and the Right of making War.
Of the Instruments of War, the Raising of Troops, &c.—their Commanders,
10 Whether there be any exemptions from carrying arms
11 Soldiers' pay and quarters
12 Hospitals for invalids
13 Mercenary soldiers
14 Rule to be observed in their enlistment
15 Enlisting in foreign countries.
16 Obligation of soldiers
17 Military laws
18 Military discipline
19 Subordinate powers in war
20 How their promises bind the sovereign
21 In what cases their promises bind only themselves
22 Their assumption of an authority which they do not possess
23 How they bind their inferiors
CHAP. III.
Of the Just Causes of War.
24 War never to be undertaken without very cogent reasons
. 301
29 Both justificatory reasons and proper motives requisite in undertaking
a war
30 Proper motives-vicious motives
31 War undertaken upon just grounds, but from vicious motives
32 Pretexts
303
304
33 War undertaken merely for advantage
34 Nations who make war without reason or apparent motives
36 How it may become just against an offensive war which was originally
just
38
in a doubtful cause
37 How an offensive war is just in an evident cause
39 War cannot be just on both sides
306
40 Sometimes reputed lawful
41 War undertaken to punish a nation
43 Alone, and of itself, it cannot give a right to attack him
307
48 Ways of maintaining it
42 Whether the aggrandizement of a neighbouring power can authorize a war against him
44 How the appearances of danger give that right
45 Another case more evident
46 Other allowable means of defence against a formidable power
47 Political equilibrium
49 How he that destroys the equilibrium may be restrained, or even
weakened
50 Behaviour allowable towards a neighbour preparing for war
. ib.
308
. 309
310
311
312
313
CHAP. IV.
Of the Declaration of War,—and of War in due Form.
51 Declaration of war :-necessity thereof
52 What it is to contain
53 It is simple or conditional
54 The right to make war ceases on the offer of equitable conditions
55 Formalities of a declaration of war
56 Other reasons for the necessity of its publication
57 Defensive war requires no declaration
58 When it may be omitted in an offensive war
59 It is not to be omitted by way of retaliation
60 Time of the declaration
61 Duty of the inhabitants on a foreign army's entering a country before
a declaration of war
62 Commencement of hostilities
318
63 Conduct to be observed towards the enemy's subjects who are in the
country at the time of the declaration of war
64 Publication of the war, and manifestoes
65 Decorum and moderation to be observed in the manifestoes
66 What is a lawful war in due form
67 It is to be distinguished from informal and unlawful war
68 Grounds of this distinction
Of the Enemy, and of Things belonging to the Enemy.
69 Who is an enemy
70 All the subjects of the two states at war are enemies
and continue to be enemies in all places
71
72 Whether women and children are to be accounted enemies
73 Things belonging to an enemy
74
continue such everywhere
75 Neutral things found with an enemy
76 Lands possessed by foreigners in an enemy's country
77 Things due to the enemy by a third party
Of the Enemy's Allies,—of Warlike Associations,—of Auxiliaries and Sub
Page
85 Alliances made with a nation actually engaged in war
86 Tacit clause in every warlike alliance
87 To refuse succours for an unjust war is no breach of alliance
325
326
88 What the casus fœderis is
89 It never takes place in an unjust war
90 How it exists in a defensive war
91
and in a treaty of a guaranty
92 The succour is not due under an inability to furnish it, or when the
public safety would be exposed
93 Other cases:-two of the parties in an alliance coming to a rupture
94 Refusal of the succours due in virtue of an alliance
327
98
100 Another case
95 The enemy's associates
96 Those who make a common cause with the enemy are his associates
and those who assist him, without being obliged to it by
97
treaties.
or who are in an offensive alliance with him
99 How a defensive alliance associates with the enemy
101 In what case it does not produce the same effect 102 Whether it be necessary to declare war against the enemy's associates 331
Of Neutrality, and the Passage of Troops through a Neutral Country.
103 Neutral nations
332
104 Conduct to be pursued by a neutral nation
105 An ally may furnish the succour due from him, and remain neuter
106 Right of remaining neuter
110 How levies may be allowed, money lent, and every kind of things
sold, without a breach of neutrality
111 Trade of neutral nations with those which are at war
or a demand of every reasonable security
125 Whether always necessary to give every kind of security required
126 Equality to be observed towards both parties, as to the passage
127 No complaint lies against a neutral state for granting a passage
340
341
342
128 That state may refuse it from fear of the resentment of the opposite
party
129
and lest her country should become the theatre of war
130 What is included in the grant of passage
344
131 Safety of the passage
132 No hostility to be committed in a neutral country
133 Neutral country not to afford a retreat to troops, that they may again
134 Conduct to be pursued by troops passing through a neutral country ib.
135 A passage may be refused for a war evidently unjust
CHAP. VIII.
Of the Rights of Nations in War,—and first, of what we have a Right to do, and what we are allowed to do, to the Enemy's Person in a just War.
136 General principle of the rights against an enemy in a just war
137 Difference between what we have a right to do, and what is barely
allowed to be done with impunity between enemies
138 The right to weaken an enemy by every justifiable method
139 The right over the enemy's person
346
347
140 Limits of that right: an enemy not to be killed after ceasing to resist ib.
141 A particular case in which quarter may be refused
143 Whether a governor of a town can be punished with death for an
obstinate defence
147 Peasants, and, in general, all who do not carry arms
151 Whether prisoners, who cannot be kept or fed, may be put to death 355
155 Whether an enemy may lawfully be assassinated or poisoned
159 Tenderness for the person of a king who is in arms against us
. 363
CHAP. IX.
Of the Right of War, with Respect to Things belonging to the Enemy.
161 The right of seizing them
160 Principles of the right over things belonging to the enemy
162 What is taken from the enemy by way of penalty
163 What is withheld from him, in order to oblige him to give just satis-
364
faction
365