Book contents
- Frontmatter
- Contents
- Preface
- List of abbreviations
- Introduction
- PART I War as law enforcement (to 1600)
- PART II New forces stirring (1600–1815)
- PART III War as state policy (1815–1919)
- 5 Collisions of naked interest
- 6 Tame and half-hearted war: intervention, reprisal and necessity
- 7 Civil strife
- PART IV Just wars reborn (1919–)
- Conclusion
- Bibliography
- Table of cases
- Table of treaties
- Index
7 - Civil strife
Published online by Cambridge University Press: 30 July 2009
- Frontmatter
- Contents
- Preface
- List of abbreviations
- Introduction
- PART I War as law enforcement (to 1600)
- PART II New forces stirring (1600–1815)
- PART III War as state policy (1815–1919)
- 5 Collisions of naked interest
- 6 Tame and half-hearted war: intervention, reprisal and necessity
- 7 Civil strife
- PART IV Just wars reborn (1919–)
- Conclusion
- Bibliography
- Table of cases
- Table of treaties
- Index
Summary
Civil war breaks the bonds of society and of government … ; it gives rise, within the Nation, to two independent parties, who regard each other as enemies and acknowledge no common judge.
Emmerich de Vattel[A]n insurrection is transformed into a war between two belligerent parties regularly organised, when it is conducted by both sides by veritable governments, by armies that respect the laws and usages of international wars; such a civil war takes the character of an international war.
Frederic de MartensEven further beneath the positivist war horizon than intervention, reprisals and other measures short of war, in nineteenth-century legal doctrine, were civil wars. In Western thought, there was a long tradition of regarding civil conflict as fundamentally distinct from true war. To Plato, for example, the terms ‘war’ and ‘civil strife’ referred to ‘two different realities’. Similarly, in Roman law, the distinction between latrociniae (bandits, pirates and the like) and true enemies, or hostes, had been fundamental. Cicero stressed that enemies were bodies of people with whom a peace treaty could be concluded, thereby excluding brigands and such persons. Concretely, this meant that none of the rituals associated with war-making and war-waging was applicable to struggles against mere law-breakers. Nor did the rules on the conduct of war apply. In particular, faith did not have to be kept with bandits, as it did with true foreign enemies.
- Type
- Chapter
- Information
- War and the Law of NationsA General History, pp. 250 - 276Publisher: Cambridge University PressPrint publication year: 2005