Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-dh8gc Total loading time: 0 Render date: 2024-11-09T06:32:47.388Z Has data issue: false hasContentIssue false

7 - On the right over prisoners of war

from Book III - On the Law of War and Peace

Published online by Cambridge University Press:  05 April 2013

Stephen C. Neff
Affiliation:
University of Edinburgh
Get access

Summary

On prisoners of war as slaves

By nature at any rate, that is, apart from a human act, or in the primitive condition of nature, no human beings are slaves.…In this sense, it is correct to accept what was said by the [Roman] jurists, that slavery is contrary to nature. Nevertheless, as we have shown also in another connexion, it is not in conflict with natural justice that slavery should have its origin in a human act, that is, should arise from a convention or a crime.

But in the law of nations, which we are discussing, now slavery has a somewhat larger place, both as regards persons and as regards effects. For if we consider persons,…those who surrender themselves, or promise to become slaves, are regarded as slaves. [In addition] without exception [persons] who have been captured in a formal public war become slaves from the time when they are brought within the lines.…And no crime is requisite, but the fate of all is the same, even of those who by their ill-fortune…are caught in the enemy's territory when war has suddenly broken out.

Descendants of persons captured in war

Not only do the prisoners of war themselves become slaves, but also their descendants for ever, that is to say those who are born of a slave mother after her enslavement.

Type
Chapter
Information
Hugo Grotius on the Law of War and Peace
Student Edition
, pp. 368 - 373
Publisher: Cambridge University Press
Print publication year: 2012

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×