6.: ‘No State at war with another shall adopt such modes of hostility as would necessarily render mutual confidence impo

These are dishonourable stratagems. For there must be some trust in the habit and disposition even of an enemy in War, otherwise no Peace could be concluded, and the hostilities would pass into an internecine war of extermination. War, however, is only a melancholy necessity of asserting Right by force—where, as in the state of Nature, there is no common tribunal with the rightful power to adjudicate on causes of quarrel. In such circumstances neither of the two parties can be declared to be an unjust enemy as this presupposes a judicial sentence: but the issue of the conflict—as in the so-called ‘judgments of God’—has to decide on which side is the Right. As between States, however, a punitive war, according to the principle of punishment, is inconceivable; because there is no relation of subordination between them, as between Superior and Inferior.—Hence it follows that a war of extermination, in which the process of annihilation would strike at both parties, and likewise at all Right at the same time, would reach Perpetual Peace only on the final Golgotha of the human race. Such a war, therefore, as well as the use of such means as might lead to it, must be absolutely unallowable.—And that the means referred to inevitably lead to that result, is apparent from the fact that when these hellish arts, which are debasing in themselves, are once brought into use, they are not kept long within the limits of war.—Such, for instance, is the employment of Spies. In this case it is only the dishonesty of others that is employed, and as such practices and habits cannot be exterminated at once, they would be carried over into the state of Peace, and thus its very purpose would be entirely frustrated.

The Articles thus indicated, when viewed objectively, or as to the intention of the Powers, represent merely Prohibitive Laws. Some of them, however, are Strict Laws (leges strictæ); that are valid without distinction of circumstances, and press immediately for the abolition of certain things. Such are Nos. 1, 5, 6. Others, again—as Nos. 2, 3, 4,—have a certain subjective breadth (leges latæ) in respect of their application. Although they present no exceptions to the rule of Right, they imply a regard to circumstances in practice. They include permissions to delay their fulfilment without, however, losing sight of their end; for their end allows such delay. Thus, for instance, in regard to the restoration of certain States to the Liberty of which they have been deprived, it is allowable, according to the Second Article, to postpone it—not, indeed to ‘the Greek Kalends,’ as Augustus was wont to say, so that its time would never come; but only so as not to precipitate its coming, and thus by overhaste to act contrary to the very purpose in view. The prohibition in question, bears only upon a mode of Acquisition which is to be no longer valid, but not upon the state of possession which, although it may not hold the requisite title of Right, was, nevertheless, regarded as rightful and valid by all the States at the date of the putative acquisition, in accordance with the public opinion of the time.