Single party vorarlberg


06-Jul-2017 03:38

Francisco Suárez, it is true, is inclined to seek the right of war as a means not precisely of defence, but of reparation of right and of punishment of violation, from the international law, on the ground that it is not necessary in the nature of things that the power of such rehabilitation and punishment should rest with the aggrieved state (though it should be somewhere on earth), but that mankind has agreed to the individual state method rather than by formation of an international tribunal with adequate police powers.However, the argument given above shows with fair clearness that the power belongs to the aggrieved state, and that though it might have entrusted, or may yet entrust, its exercise to an international arbiter, it is not bound so to do, nor has it done so in the past save in some exceptional cases.Much less may a just title be found in the mere need of exercising a standing martial force, of reconciling a people to the tax for its maintenance, or to escape revolutionary trouble at home.Here, also, it is to be noted that nations cannot draw a parallel from Old-Testament titles.The right of war lies solely with the sovereign authority of the State.As it flows from the efficacious character of other rights in peril, the coercive right must belong to the possessor, or to the natural guardian, of those rights.With the supreme power lies also the judicial authority to determine when war is necessary, and what is the necessary and proportionate measure of damage it may therein inflict: there is no other natural tribunal to which recourse may be had, and without this judicial faculty the right of war would be vain.The primary title of a state to go to war is: Whether a state may find title to interfere for punishment after the destruction of the innocent who were in no wise its own subjects, is not so clear, unless such punishment be a reasonable necessity for the future security of its own citizens and their rights.

Grote insisted that war was a more or less continuous condition of conflict between those contending by force; and so indeed it is; but even Grote, when seeking to determine the grounds of right and wrong in such a condition, necessarily moved the question back to the right to acts of force in either contending party, and so justified the more accepted juridical definition of a contest at arms between contending states. Furthermore, the exercise of coercion is restricted in civil communities to the public authority, for the reason that such restriction is a necessity of the common weal.

International law views the punitive right of war with suspicion; but, thought it is open to wide abuse, its original existence under the natural law cannot well be disputed.



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