Conclusion

Abstract

The legal position of war varied greatly from the time of Plato to that of Vattel. War was considered the normal situation in the international relations of ancient Greece, yet a state of war was beginning to be regarded as a special legal situation. The requirement of a formal declaration of war was recognized and often practiced. There were limitations on war with respect to time. Among these were the prohibition of warfare during Greek religious festivals and athletic contests, and the regulation of war by treaties of peace for a specific number of years. War was also forbidden to be waged around certain temples and sanctuaries. To be sure, what international law there was in the time of Plato, appears to have been founded chiefly upon religious customs and practices. The observance by the Greeks of these customs and practices with reference to war is evidence, however, that the Greeks had some notions of what was and was not permitted in commencing a war (jus ad bellum). Certain thinkers, especially Aristotle, began to distinguish just from unjust causes of war. A distinction between peoples with respect to war was apparent, as the Hellenes considered the laws of war (jus in bello) applicable only to wars among themselves and not to wars fought with outside states whose peoples were classed as barbarians. Hostilities could be commenced with the barbarian states at any time, and could be conducted without mercy. It might be interjected that during the two thousand years that have elapsed from the age of Pericles to the age of Mussolini, this aspect of the legal position of war has changed very little.