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
9 - On postliminy
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
The origin of the word postliminy
Just as in regard to those things which are captured from the enemy, so also in regard to the right of postliminy (postliminium), no very sound view has been advanced by those who in more recent times have laid claim to a knowledge of the law. The subject was treated with greater painstaking by the ancient Romans, but often rather confusedly, so that the reader could not distinguish what they ascribed to the law of nations and what to the Roman civil law.
Where postliminy may occur
Postliminy, therefore, is a right which arises from a return to the threshold, that is, to the public boundaries. Thus Pomponius says that he who has begun to be within our fortified lines has returned by postliminy. Paul the Jurist defines such a return when the captive has entered our frontier.
On similar grounds, the agreement of nations [holds] that postliminy occurs if a man, or a thing of the sort in regard to which it has been decided that postliminy is possible, has come [into the territory of our friends or allies]. … [W]e are to understand as friends or allies not merely those with whom we are at peace, but those who take the same side in a war. Those who come to such friends … begin to be protected in the name of the state. It makes no difference in fact whether a man or thing has come to them or to his own people.
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- Hugo Grotius on the Law of War and PeaceStudent Edition, pp. 376 - 383Publisher: Cambridge University PressPrint publication year: 2012