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Under what circumstances can a nation punish a person for faults committed outside its territories?
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?
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?
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?
Who should punish criminals who commit crimes that affect the common safety of mankind?
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What is the justification for punishing enemies of mankind?
What is the justification for punishing enemies of mankind?
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Why should nations cooperate in punishing enemies of mankind?
Why should nations cooperate in punishing enemies of mankind?
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What is the basis for a nation's right to punish?
What is the basis for a nation's right to punish?
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Who is protected under the principle of non-combatant immunity?
Who is protected under the principle of non-combatant immunity?
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Under what circumstances can an enemy be killed?
Under what circumstances can an enemy be killed?
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How should prisoners of war be treated?
How should prisoners of war be treated?
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What types of buildings should be spared in war?
What types of buildings should be spared in war?
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What is the principle guiding the treatment of non-combatants in war?
What is the principle guiding the treatment of non-combatants in war?
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What is the guiding principle for conduct in war, as described in the text?
What is the guiding principle for conduct in war, as described in the text?
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What is the justification for not destroying cultural property in war?
What is the justification for not destroying cultural property in war?
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What is the implication of intentionally destroying cultural monuments, according to the text?
What is the implication of intentionally destroying cultural monuments, according to the text?
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Under what circumstances is the destruction of a town justified, according to the laws of war?
Under what circumstances is the destruction of a town justified, according to the laws of war?
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What is the primary concern when bombarding towns, according to the text?
What is the primary concern when bombarding towns, according to the text?
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How do 'good princes' approach the decision to destroy a town?
How do 'good princes' approach the decision to destroy a town?
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What is the purpose of destroying a town, according to the text?
What is the purpose of destroying a town, according to the text?
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What is the significance of the phrase 'enemy of mankind' in the context of the law of nations?
What is the significance of the phrase 'enemy of mankind' in the context of the law of nations?
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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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