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Questions and Answers

Under what circumstances can a nation punish a person for faults committed outside its territories?

When the crimes affect the common safety of mankind.

What type of criminals can be considered enemies of mankind?

Poisoners, assassins, and incendiaries by profession.

What is the punishment for pirates according to the text?

They are sent to the gibbet (hanged).

Who should punish criminals who commit crimes that affect the common safety of mankind?

The sovereign of the country where the crimes were committed. Signup and view all the answers

What is the justification for punishing enemies of mankind?

To protect public security and safety. Signup and view all the answers

Why should nations cooperate in punishing enemies of mankind?

Because these criminals attack and injure all nations and threaten their common safety. Signup and view all the answers

What is the basis for a nation's right to punish?

their right to provide for their own security Signup and view all the answers

Who is protected under the principle of non-combatant immunity?

Women, children, old men, sick persons, public ministers of religion, and men of letters Signup and view all the answers

Under what circumstances can an enemy be killed?

When they bear arms or are capable of bearing them Signup and view all the answers

How should prisoners of war be treated?

With humanity, but confinement and restraint are permitted to prevent escape Signup and view all the answers

What types of buildings should be spared in war?

Temples, tombs, public buildings, and works of remarkable beauty Signup and view all the answers

What is the principle guiding the treatment of non-combatants in war?

Non-combatant immunity Signup and view all the answers

What is the guiding principle for conduct in war, as described in the text?

Ius in bello Signup and view all the answers

What is the justification for not destroying cultural property in war?

It does not contribute to the enemy's strength, and it is a part of human society Signup and view all the answers

What is the implication of intentionally destroying cultural monuments, according to the text?

Declaring oneself an enemy to mankind. Signup and view all the answers

Under what circumstances is the destruction of a town justified, according to the laws of war?

When it is the only means to reduce an important post crucial to the success of the war, or to punish an enemy for outrageous conduct. Signup and view all the answers

What is the primary concern when bombarding towns, according to the text?

Sparing the finest edifices. Signup and view all the answers

How do 'good princes' approach the decision to destroy a town?

With reluctance and only in cases of last extremity. Signup and view all the answers

What is the purpose of destroying a town, according to the text?

To force an enemy to make war with humanity, or to punish them for outrageous conduct. Signup and view all the answers

What is the significance of the phrase 'enemy of mankind' in the context of the law of nations?

It refers to those who declare war on humanity, such as pirates or corsairs. Signup and view all the answers

Study Notes

The Concept of Enemy of Mankind

The concept involves declaring oneself an enemy to mankind, violating public safety and security.

Historical Perspective

The concept of "enemy of mankind" has historical roots in the Latin terms "communis hostis omnium" and "hostis humani generi".
Pirates and corsairs were considered enemies of mankind.

Legal Argument

A nation cannot punish individuals for crimes committed outside its territories, except for those that affect the common safety of mankind.
The enemies of mankind are considered disturbers of public peace.

Ius in Bello

Non-combatant immunity applies to women, children, old men, sick persons, public ministers of religion, and men of letters.
It is not lawful to maltreat or kill these individuals, as they are not involved in military affairs.
The right to kill enemies only applies to those who bear arms or are capable of bearing them.
Enemies who submit and lay down their arms cannot be killed with justice.
Prisoners of war should not be treated harshly, as they are still human beings.

Right of War with Regard to Enemy's Property

It is not advantageous to destroy edifices that do honour to human society, such as temples, tombs, public buildings, and remarkable works of beauty.
These structures do not contribute to the enemy's strength and should be spared during war.

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