History of The Laws of War
Legal constraints on the conduct of war in ancient Rome appear in Cicero: "As for war, humane laws touching it are drawn up in the fetial code of the Roman People." Specifically, "no war is just, unless it is entered upon after an official demand for satisfaction has been submitted or warning has been given and a formal declaration made." Breaches of this duty by Roman citizens were adjudicated at trial.
But to enemies of war, Roman law attributed neither duties nor rights; hence judgment – and punishment – of defeated foes was at Roman discretion. Still, the exercise of that discretion must serve justice, Cicero argued: "...when the victory is won, we should spare those who have not been blood-thirsty and barbarous in their warfare" (warmaking being excused only when "we may live in peace unharmed" in no other way).
The Western tradition of thinking on just war continues into Christendom and then Modernity, and from the late 19th century becomes codified in international conventions, most notably those of Geneva and the Hague, then said to express laws of war.
Read more about this topic: Victor's Justice
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