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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

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
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Summary

On factors which terminate a war

Understandings between enemies rest upon a promise expressed or implied. An express promise is either public or private. If public, it is imputed either to the supreme authority or to subordinate powers. That which is imputed to the supreme authority either puts an end to war or maintains its force while the war lasts.

Among the factors which terminate a war, some are looked upon as principal, others as accessory. Those are principal which themselves end the war by their own action, as treaties; or [which] refer to something else, such as the drawing of lots, the issue of combat or the decision of an arbitrator. Of the last three, the first rests on pure chance, while the other two combine chance with strength of mind or body, or with capacity of judgement.

The right to make peace in a monarchy

Those who have the right of initiative in conducting a war have the right to enter into treaties for the purpose of ending it. Each, in fact, is the manager of his own affairs. From this, it follows that, in a war which is public on both sides, the right to end it belongs to those who have the right to exercise supreme power. In a true monarchy, therefore, this will belong to the king, provided also the king has unrestricted power.

Type
Chapter
Information
Hugo Grotius on the Law of War and Peace
Student Edition
, pp. 426 - 448
Publisher: Cambridge University Press
Print publication year: 2012

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