A 17th-century Dutch lawyer, historian and poet, hailed for more than a century as "the father of international law". He published "On the Law of War and Peace" in 1625, setting out detailed, universal rules to determine when wars are just and lawful.
Grotius argued that during a war, identical rights and obligations should apply to each belligerent, who should fight as if they were upholding justice. His real aim was the crafting of laws to govern the conduct of war. He would have been startled by such modern bodies as the International Criminal Court, which claim the right to haul errant generals or political leaders into the dock. Outsiders are ill-qualified to judge the limits of just war or self-defence, he wrote, calling it "altogether preferable" to leave such decisions "to the scruples of the belligerents rather than to have recourse to the judgments of others".
He believed that necessity could justify harsh acts, such as bombarding a besieged city, but that acts which do not hasten a war's end can never be justified, including rape and the wanton killing of women and children. He urged "moderation" and the sparing of all enemy property not needed for the war effort, as well as precious assets such as fruit trees used for food. Such forbearance is wise, he argued, because it avoids inducing "despair" in an enemy, which can be turned into a "great weapon" against an attacker.
He noted that countries could breach the laws of war with impunity, so he stuck to rules that combatants would comply with out of self-interest, such as "no killing of prisoners".
His moral arguments about the laws of war rested on universal foundations. People are social beings, he said, with such a "desire for society" that their love for humanity trumps the selfish pursuit of advantage seen among lesser beasts. A man of his time, he applied different standards to European and non-European rulers. Critics grumble that he used his legal skills as an apologist for colonial expansion by the Dutch East India Company.
Gustavus Adolphus, Sweden's king from 1611 to 1632 and one of the great military commanders, is said to have kept Grotius's treatise under his pillow while on campaign. By the grim standards of his day, Gustavus Adolphus stood out for the strict discipline and relative martial restraint he imposed on his troops, following arguments set out by Grotius.
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