Book contents
- Frontmatter
- Contents
- Preface
- List of abbreviations
- Introduction
- Note on the text
- Prologue to the three books On the Law of War and Peace
- Book I On the Law of War and Peace
- Book II On the Law of War and Peace
- Book III On the Law of War and Peace
- 1 General rules from the law of nature regarding what is permissible in war; with a consideration of ruses and falsehood
- 2 How by the law of nations the goods of subjects may be held for the debt of their rulers; and therein, on reprisals
- 3 On war that is lawful or public according to the law of nations; and therein, on the declaration of war
- 4 On the right of killing enemies in a public war, and on other violence against the person
- 5 On devastation and pillage
- 6 On the right of acquiring things taken in war
- 7 On the right over prisoners of war
- 8 On the right to rule over the conquered
- 9 On postliminy
- 10 Cautions in regard to things which are done in an unlawful war
- 11 Moderation with respect to the right of killing in a lawful war
- 12 Moderation in laying waste and similar things
- 13 Moderation in regard to captured property
- 14 Moderation in regard to prisoners of war
- 15 Moderation in the acquisition of sovereignty
- 16 Moderation in regard to those things which by the law of nations have not the right of postliminy
- 17 On those who are of neither side in war
- 18 On acts done by individuals in a public war
- 19 On good faith between enemies
- 20 On the good faith of states, by which war is ended; also on the working of peace treaties, on decision by lot, on combat by agreement; on arbitration, surrender, hostages, and pledges
- 21 On good faith during war; herein also concerning a truce, the right of safe-conduct, and the ransom of prisoners
- 22 On the good faith of subordinate powers in war
- 23 On good faith of private persons in war
- 24 On implied good faith
- 25 Conclusion, with admonitions on behalf of good faith and peace
- Appendix 1 Note 18 (p. 329): the text of Grotius's note
- Appendix 2 Alternative outline
- Further reading
- Index of names
- Subject index
21 - On good faith during war; herein also concerning a truce, the right of safe-conduct, and the ransom of prisoners
from Book III - On the Law of War and Peace
Published online by Cambridge University Press: 05 April 2013
- Frontmatter
- Contents
- Preface
- List of abbreviations
- Introduction
- Note on the text
- Prologue to the three books On the Law of War and Peace
- Book I On the Law of War and Peace
- Book II On the Law of War and Peace
- Book III On the Law of War and Peace
- 1 General rules from the law of nature regarding what is permissible in war; with a consideration of ruses and falsehood
- 2 How by the law of nations the goods of subjects may be held for the debt of their rulers; and therein, on reprisals
- 3 On war that is lawful or public according to the law of nations; and therein, on the declaration of war
- 4 On the right of killing enemies in a public war, and on other violence against the person
- 5 On devastation and pillage
- 6 On the right of acquiring things taken in war
- 7 On the right over prisoners of war
- 8 On the right to rule over the conquered
- 9 On postliminy
- 10 Cautions in regard to things which are done in an unlawful war
- 11 Moderation with respect to the right of killing in a lawful war
- 12 Moderation in laying waste and similar things
- 13 Moderation in regard to captured property
- 14 Moderation in regard to prisoners of war
- 15 Moderation in the acquisition of sovereignty
- 16 Moderation in regard to those things which by the law of nations have not the right of postliminy
- 17 On those who are of neither side in war
- 18 On acts done by individuals in a public war
- 19 On good faith between enemies
- 20 On the good faith of states, by which war is ended; also on the working of peace treaties, on decision by lot, on combat by agreement; on arbitration, surrender, hostages, and pledges
- 21 On good faith during war; herein also concerning a truce, the right of safe-conduct, and the ransom of prisoners
- 22 On the good faith of subordinate powers in war
- 23 On good faith of private persons in war
- 24 On implied good faith
- 25 Conclusion, with admonitions on behalf of good faith and peace
- Appendix 1 Note 18 (p. 329): the text of Grotius's note
- Appendix 2 Alternative outline
- Further reading
- Index of names
- Subject index
Summary
What a truce is
Even during a war, the sovereign authorities are accustomed to grant certain rights, which,…I may call ‘intercourse of war’.…Among these are included the truce, the right of safe-conduct and the ransom of prisoners. A truce is an agreement by which warlike acts are for a time abstained from, though the state of war continues. I say, ‘though the state of war continues’, for…there is no middle ground between war and peace. War, furthermore, is the name of a condition which can exist even when it does not carry forward its operations.
This I say that we may know: that, if an agreement has been made which is to be valid in time of war, this will be valid also in a truce, unless it is clearly apparent that the agreement applies not to the state of war but to its acts. On the contrary, if anything has been said in regard to peace, this will not be applicable in time of truce.…Nevertheless, if it shall be apparent that the sole and only determining cause of an agreement was the cessation of warlike acts, it may happen that what has been said of a time of peace will in that case apply during the truce, not from the force of the word, but from a sure inference as to the intention [of the parties], regarding which we have spoken elsewhere.
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- Hugo Grotius on the Law of War and PeaceStudent Edition, pp. 449 - 459Publisher: Cambridge University PressPrint publication year: 2012