Hugo Grotius and the right to wage war

Abstract

In May 1625 the famous Dutch statesman and scholar Hugo Grotius (1583-1645) published De iure belli ac pacis, a seminal and much acclaimed work that would greatly advance the discipline of natural and international law. Grotius put forward two essential conditions for a war to be lawful and just. First, every war should aim at redressing injustice and, secondly, starting a war was only appropriate if the normal administration of justice was unfeasible or seriously impeded. Grotius analyzed the procedures for redressing injustice and lawlessness in great detail. He distinguished four ways: self-defense, recovery of property, collection of debts and punishment for severe offences against natural law. Grotius's defense of justified warfare was based on a system of individual rights, embedded in human nature. This system was to enable everybody, citizens and nation states alike, to create the conditions for a peaceful existence in sound material circumstances. Keywords:Hugo Grotius; international law; natural law; recovery of property; self-defense; warfare