Punishment and the <i>ius post bellum</i>

Alexis Blane and Benedict Kingsbury

in The Roman Foundations of the Law of Nations

Published in print December 2010 | ISBN: 9780199599875
Published online May 2011 | e-ISBN: 9780191595813 | DOI:
Punishment and the ius post bellum

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This chapter lays the foundations for considering modern questions on judgement and forcible punishment in international law by analysing approaches to forcible punishment in early modern writings on war and ius post bellum, in which, unlike modern international law texts, issues of punishment of states and peoples were addressed directly. The chapter centres on: the lectures in Spain of the Dominican Thomist Francisco de Vitoria (c.1485–1546), particularly the lectures On War and The Indies given in Salamanca in the 1530s; the writings in Oxford of the Italian Lutheran-influenced civil lawyer Alberico Gentili (1552–1608), particularly De iure belli (1598); and the writings in Holland and in exile of the Dutch-reform ecumenical humanist Hugo Grotius (1583–1645), particularly De iure belli ac pacis (1625–1646). The chapter first considers their general theoretical approaches to punishment as part of just war theory, then turns to explicate their views of punishment in the ius post bellum.

Keywords: judgement; forcible punishment; international law; Francisco de Vitoria; Alberico Gentili; Hugo Grotius

Chapter.  13648 words. 

Subjects: History of Law

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