The Online Library of Liberty

A project of Liberty Fund, Inc.

• Introduction
• A Note On the Texts
• English Editions of the Law of Nations
• Three Essays By Vattel
• Acknowledgments
• The Law of Nations
• Advertisement
• Preface
• Preliminaries Idea and General Principles of the Law of Nations.
• Book I: Of Nations Considered In Themselves
• Chapter I: Of Nations Or Sovereign States.
• Chapter II: General Principles of the Duties of a Nation Towards Itself.
• Chapter III: Of the Constitution of a State, and the Duties and Rights of the Nation In This Respect.
• Chapter IV: Of the Sovereign, His Obligations, and His Rights.
• Chapter V: Of States Elective, Successive Or Hereditary, and of Those Called Patrimonial.
• Chapter VI: Principal Objects of a Good Government; and First to Provide For the Necessities of the Nation.
• Chapter VII: Of the Cultivation of the Soil.
• Chapter VIII: Of Commerce.
• Chapter IX: Of the Care of the Public Ways of Communication, and the Right of Toll.
• Chapter X: Of Money and Exchange.
• Chapter XI: Second Object of a Good Government,—to Procure the True Happiness of the Nation.
• Chapter XII: Of Piety and Religion.
• Chapter XIII: Of Justice and Polity.
• Chapter XIV: The Third Object of a Good Government,—to Fortify Itself Against External Attacks.
• Chapter XV: Of the Glory of a Nation.
• Chapter XVI: Of the Protection Sought By a Nation, and Its Voluntary Submission to a Foreign Power.
• Chapter XVII: How a Nation May Separate Itself From the State of Which It Is a Member, Or Renounce Its Allegiance to Its Sovereign When It Is Not Protected.
• Chapter XVIII: Of the Establishment of a Nation In a Country.
• Chapter XIX: Of Our Native Country, and Several Things That Relate to It.
• Chapter XX: Of Public, Common, and Private Property.
• Chapter XXI: Of the Alienation of the Public Property, Or the Domain, and That of a Part of the State.
• Chapter XXII: Of Rivers, Streams, and Lakes.
• Chapter XXIII: Of the Sea.
• Book II: Of a Nation Considered In Its Relations to Others
• Chapter I: Of the Common Duties of a Nation Towards Others, Or of the Offices of Humanity Between Nations.
• Chapter II: Of the Mutual Commerce Between Nations.
• Chapter III: Of the Dignity and Equality of Nations,—of Titles,—and Other Marks of Honour.
• Chapter IV: Of the Right to Security, and the Effects of the Sovereignty and Independence of Nations.
• Chapter V: Of the Observance of Justice Between Nations.
• Chapter VI: Of the Concern a Nation May Have In the Actions of Her Citizens.
• Chapter VII: Effects of the Domain, Between Nations.
• Chapter VIII: Rules With Respect to Foreigners.
• Chapter IX: Of the Rights Retained By All Nations After the Introduction of Domain and Property.
• Chapter X: How a Nation Is to Use Her Right of Domain, In Order to Discharge Her Duties Towards Other Nations, With Respect to the Innocent Use of Things.
• Chapter XI: Of Usucaption and Prescription Among Nations.
• Chapter XII: Of Treaties of Alliance, and Other Public Treaties.
• Chapter XIII: Of the Dissolution and Renewal of Treaties.
• Chapter XIV: Of Other Public Conventions,—of Those That Are Made By Subordinate Powers,—particularly of the Agreement Called In Latin Sponsio,—and of Conventions of Sovereigns With Private Persons.
• Chapter XV: Of the Faith of Treaties.
• Chapter XVI: Of Securities Given For the Observance of Treaties.
• Chapter XVII: Of the Interpretation of Treaties.
• Chapter XVIII: Of the Mode of Terminating Disputes Between Nations.
• Book III: Of War
• Chapter I: Of War,—its Different Kinds,— and the Right of Making War.
• Chapter II: Of the Instruments of War,—the Raising of Troops, &c.—their Commanders, Or the Subordinate Powers In War.
• Chapter III: Of the Just Causes of War.
• Chapter IV: Of the Declaration of War,— and of War In Due Form.
• Chapter V: Of the Enemy, and of Things Belonging to the Enemy.
• Chapter VI: Of the Enemy’s Allies—of Warlike Associations— of Auxiliaries and Subsidies.
• Chapter VII: Of Neutrality—and the Passage of Troops Through a Neutral Country.
• Chapter VIII: Of the Rights of Nations In War,—and First, of What We Have a Right to Do, and What We Are Allowed to Do, to the Enemy’s Person In a Just War.
• Chapter IX: Of the Right of War, With Regard to Things Belonging to the Enemy.
• Chapter X: Of Faith Between Enemies,—of Stratagems, Artifices In War, Spies, and Some Other Practices.
• Chapter XI: Of the Sovereign Who Wages an Unjust War.
• Chapter XII: Of the Voluntary Law of Nations, As It Regards the Effects of Regular Warfare, Independently of the Justice of the Cause.
• Chapter XIII: Of Acquisitions By War, and Particularly of Conquests.
• Chapter XIV: Of the Right of Postliminium.
• Chapter XV: Of the Right of Private Persons In War.
• Chapter XVI: Of Various Conventions Made During the Course of the War.
• Chapter XVII: Of Safe-conducts and Passports,—with Questions On the Ransom of Prisoners of War.
• Chapter XVIII: Of Civil War.
• Book IV: Of the Restoration of Peace; and of Embassies
• Chapter I: Of Peace, and the Obligation to Cultivate It.
• Chapter II: Treaties of Peace.
• Chapter III: Of the Execution of the Treaty of Peace.
• Chapter IV: Of the Observance and Breach of the Treaty of Peace.
• Chapter V: Of the Right of Embassy, Or the Right of Sending and Receiving Public Ministers.
• Chapter VI: Of the Several Orders of Public Ministers,—of the Representative Character,—and of the Honours Due to Ministers.
• Chapter VII: Of the Rights, Privileges, and Immunities of Embassadors and Other Public Ministers.
• Chapter VIII: Of the Judge of Embassadors In Civil Cases.
• Chapter IX: Of the Embassador’s House and Domestics.
• Additional Essays
• Essay On the Foundation of Natural Law and On the First Principle of the Obligation Men Find Themselves Under to Observe Laws 1
• Dissertation On This Question: “can Natural Law Bring Society to Perfection Without the Assistance of Political Laws?”
• Dialogue Between the Prince of ****and His Confidant, On Certain Essential Elements of Public Administration
• Biographical Sketches of Authors Referred to By Vattel

CHAPTER V

Of the Enemy, and of Things belonging to the Enemy.

§69. Who is an enemy.The enemy is he with whom a nation is at open war. The Latins had a particular term (Hostis) to denote a public enemy, and distinguished him from a private enemy (Inimicus). Our language affords but one word for these two classes of persons, who ought nevertheless to be carefully distinguished. A private enemy is one who seeks to hurt us, and takes pleasure in the evil that befalls us. A public enemy forms claims against us, or rejects ours, and maintains his real or pretended rights by force of arms. The former is never innocent; he fosters rancour and hatred in his heart. It is possible that the public enemy may be free from such odious sentiments, that he does not wish us ill, and only seeks to maintain his rights. This observation is necessary in order to regulate the dispositions of our heart towards a public enemy.

§70. All the subjects of the two states at war are enemies,When the sovereign or ruler of the state declares war against another sovereign, it is understood that the whole nation declares war against another nation: for the sovereign represents the nation, and acts in the name of the whole society (Book I. §§40, 41); and it is only in a body, and in her national character, that one nation has to do with another. Hence, these two nations are enemies, and all the subjects of the one are enemies to all the subjects of the other. In this particular, custom and principles are in accord.

§71. and continue to be enemies in all places.Enemies continue such, wherever they happen to be. The place of abode is of no consequence here. It is the political ties which determine the character. Whilst a man continues a citizen of his own country, he is the enemy of all those with whom his nation is at war. But we must not hence conclude that these enemies may treat each other as such, wherever they happen to meet. Every one being master in his respective country, a neutral prince will not allow them to use any violence in his territories.

§72. Whether women and children are to be accounted enemies.Since women and children are subjects of the state, and mem-bers of the nation, they are to be ranked in the class of enemies. But it does not thence follow that we are justifiable in treating them like men who bear arms, or are capable of bearing them. It will appear in the sequel, that we have not the same rights against all classes of enemies.

§73. Things belonging to the enemyWhen once we have precisely determined who our enemies are, it is easy to know what are the things belonging to the enemy (res hostiles). We have shewn that not only the sovereign with whom we are at war is an enemy, but also his whole nation, even the very women and children. Every thing, therefore, which belongs to that nation,—to the state, to the sovereign, to the subjects, of whatever age or sex,—every thing of that kind, I say, falls under the description of things belonging to the enemy.

§74. continue such every-where.And, with respect to things, the case is the same as with respect to persons:—things belonging to the enemy continue such wherever they are. But we are not hence to conclude, any more than in the case of persons (§71), that we every-where possess a right to treat those things as things belonging to the enemy.

§75. Neutral things found with an enemy.Since it is not the place where a thing is, which determines the nature of that thing, but the character of the person to whom it belongs,— things belonging to neutral persons, which happen to be in an enemy’s country or on board an enemy’s ships, are to be distinguished from those which belong to the enemy. But it is the owner’s business to adduce evident proof that they are his property: for, in default of such proof, a thing is naturally presumed to belong to the nation in whose possession it is found.

§76. Lands possessed by foreigners in an enemy’s country.The preceding section relates to movable property: but the rule is different with respect to immovable possessions, such as landed estates. Since all these do in some measure belong to the nation, are part of its domain, of its territory, and under its government (Book I. §§204, 235, Book II. §114)—and since the owner is still a subject of the country as possessor of a landed estate,—property of this kind does not cease to be enemy’s property (res hostiles), though possessed by a neutral foreigner. Nevertheless, war being now carried on with so much moderation and indulgence, protections are granted for houses and lands possessed by foreigners in an enemy’s country. For the same reason, he who declares war does not confiscate the immovable property possessed in his country by his enemy’s subjects. By permitting them to purchase and possess such property, he has in that respect admitted them into the number of his subjects. But the income may be sequestrated, in order to prevent its being remitted to the enemy’s country.

§77. Things due to the enemy by a third party.Among the things belonging to the enemy, are likewise incorporeal things,—all his rights, claims, and debts, excepting however those kind of rights granted by a third party, and in which the grantor is so far concerned, that it is not a matter of indiffe-rence to him, in what hands they are vested. Such, for instance, are the rights of commerce. But as debts are not of this number, war gives us the same rights over any sums of money due by neutral nations to our enemy, as it can give over his other property.

When Alexander, by conquest, became absolute master of Thebes, he remitted to the Thessalians a hundred talents which they owed to the Thebans.* The sovereign has naturally the same right over what his subjects may owe to enemies. He may therefore confiscate debts of this nature, if the term of payment happen in the time of war; or at least he may prohibit his subjects from paying while the war continues. But at present, a regard to the advantage and safety of commerce has induced all the sovereigns of Europe to act with less rigour in this point. And as the custom has been generally received, he who should act contrary to it, would violate the public faith; for strangers trusted his subjects only from a firm persuasion that the general custom would be observed. The state does not so much as touch the sums which it owes to the enemy: money lent to the public is every-where exempt from confiscation and seizure in case of war.

[* ] Grotius, de Jure Belli & Pacis, lib. iii. cap. viii. §4.