chapter  7
26 Pages

Punitive War and International Responsibility

Grotius begins de Jure Belli by repeatedly emphasizing the place of natural justice even in war. Grotius conceptually separates the defensive and punitive aims of war even in cases where both are applicable, as the "two qualities two different obligations". We should not be surprised that punitive war goes on to differ from defensive war according to the same seven elements by which criminal law differs from civil law. Grotius lists three important examples of crimes against humanity. The first is piracy. Grotius' second example is cannibalism. Third example is contempt for parents. One of the most important elements of punitive war is the nonpossessive quality of the punisher's right, which confers not a claim-right but a difficult duty. The character of punitive war as a duty is reinforced by a further distinctive of punitive war: its fundamentally public character. Just war theory has traditionally been divided into two components: jus ad bellum, and jus in bello.