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Roman Laws of War

  • Samuel White

Research output: Chapter in Book/Report/Conference proceedingChapterResearchpeer-review

Abstract

Rome was not built in a day. Neither, too, did it remain the same in its thousand-year reign. This Chapter must therefore be specific in its analysis and addresses the rough range of the Roman Republic and the Julio-Claudian Empire - approximately 350 BC to 60 AD. This allows for analysis of the developments of the Roman Republic to be incorporated, without the fractured nature of the late Imperial period. These dates further exclude the impact of Christianity on the Empire and the codes brought in by the Emperor Maurice in his Strategica and the recordings of Ruffus.

It further captures a rather Latin approach to the laws surrounding war from which modern international humanitarian law takes its etymology - the laws around the right to declare and wage war (jus ad bellum) and the laws for the conduct of operations in war (jus in bello). Combined, these made the jus belli - the laws of war. Misleading as it may be, these laws were not codified but were a matter of custom; custom that evolved and adapted as it contacted other cultures and methods of warfare. The malleability of Latin culture to more effective or efficient methods of war was indeed a defining feature of the Roman Empire - its so-called interpretatio Romana. In particular, the absorption of Greco culture after its annexation shaped the Roman interpretation of the jus in bello forever. These Hellenistic tendencies, however, never overrode unique Latin cultural rules. Specifically, as will become clear, the idea of maintaining fides permeated throughout all international dealings.

Original languageEnglish
Title of host publicationThe Laws of Yesterday's Wars 2: From Ancient India to East Africa
EditorsSamuel White
Place of PublicationLeiden, Netherlands
PublisherKoninklijke Brill NV
Pages110-125
Edition1
ISBN (Print)9789004473218, 9789004473201
Publication statusPublished - 6 Oct 2022

Publication series

NameInternational Humanitarian Law Series
PublisherBrill Nijhoff
Number64
ISSN (Electronic)1389-6776

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

  1. SDG 16 - Peace, Justice and Strong Institutions
    SDG 16 Peace, Justice and Strong Institutions

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