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7 - On the right over prisoners of war

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 prisoners of war as slaves

By nature at any rate, that is, apart from a human act, or in the primitive condition of nature, no human beings are slaves.…In this sense, it is correct to accept what was said by the [Roman] jurists, that slavery is contrary to nature. Nevertheless, as we have shown also in another connexion, it is not in conflict with natural justice that slavery should have its origin in a human act, that is, should arise from a convention or a crime.

But in the law of nations, which we are discussing, now slavery has a somewhat larger place, both as regards persons and as regards effects. For if we consider persons,…those who surrender themselves, or promise to become slaves, are regarded as slaves. [In addition] without exception [persons] who have been captured in a formal public war become slaves from the time when they are brought within the lines.…And no crime is requisite, but the fate of all is the same, even of those who by their ill-fortune…are caught in the enemy's territory when war has suddenly broken out.

Descendants of persons captured in war

Not only do the prisoners of war themselves become slaves, but also their descendants for ever, that is to say those who are born of a slave mother after her enslavement.

Type
Chapter
Information
Hugo Grotius on the Law of War and Peace
Student Edition
, pp. 368 - 373
Publisher: Cambridge University Press
Print publication year: 2012

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