ABSTRACT

This chapter outlines Francisco Suárez’s account of the law of nations, or ius gentium in Latin. It is here presented as a precursor to the later developed notion of an international law. Suárez clearly distinguishes the law of nations from natural law and argues that the law of nations belongs to human positive law. He struggles to find a clear basis for the law of nations, however, and remains ambivalent as to whether it is based in natural reason or in human free will. The chapter also presents aspects of Suárez’s account of just war as an example of the law of nations. Two novel aspects of Suárez’s account are highlighted, namely, ideas about an international court or judge, and restrictions on killing innocents in war.