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Single Idea 23585

[filed under theme 25. Social Practice / E. Policies / 1. War / b. Justice in war ]

Full Idea

It is permissible for one who is waging a just war to take possession of a place situated in a country free from hostilities.

Gist of Idea

It is permissible in a just cause to capture a place in neutral territory

Source

Hugo Grotius (On the Law of War and Peace [1625], II.ii.x), quoted by Michael Walzer - Just and Unjust Wars 15 n

Book Ref

Walzer,Michael: 'Just and Unjust Wars' [Penguin 1984], p.246


A Reaction

This rejects Combatant Equality, allowing the just to do what is morally forbidden to the unjust.


The 9 ideas from 'On the Law of War and Peace'

Nations are not obliged to help one-another, but are obliged not to harm one another [Grotius, by Tuck]
Everyone has a right of self-preservation, and harming others is usually unjustifiable [Grotius, by Tuck]
Democracy needs respect for individuality, but the 'community of friends' implies strict equality [Grotius]
A person is free to renounce their state, as long as it is not a moment of crisis [Grotius, by Rousseau]
Grotius and Pufendorf based natural law on real (rather than idealised) humanity [Grotius, by Ford,JD]
A natural right of self-preservation is balanced by a natural law to avoid unnecessary harm [Grotius, by Tuck]
Grotius ignored elaborate natural law theories, preferring a basic right of self-preservation [Grotius, by Tuck]
Moral principles have some validity without a God commanding obedience [Grotius, by Mautner]
It is permissible in a just cause to capture a place in neutral territory [Grotius]