Alberico Gentili's ius post bellum and early modern peace treaties

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    Abstract

    This chapter focuses on the ius post bellum, the body of law aimed at restoring, managing, and maintaining peace. Gentili was the first to elevate the ius post bellum to a central role in the jurisprudence of war, making it the subject of the entire third book of the De iure belli libri tres. The chapter traces the origins of Gentili's notion of war as a contention with arms between equal hostes back to Roman law and to Bartolus - a notion leading Gentili to a ius post bellum strongly influenced by Roman notions of unconditional surrender on the part of the succumbed enemy and terms of just peace dictated by the victorious side. This doctrine is contrasted with the intra-European state practice, which was much more characterized by unclear outcomes of war and the termination of hostilities through agreements.
    Original languageEnglish
    Title of host publicationThe Roman foundations of the law of nations
    Subtitle of host publicationAlberico Gentili and the justice of empire
    EditorsBenedict Kingsbury, Benjamin Straumann
    Place of PublicationOxford
    PublisherOxford University Press
    Chapter11
    Pages210-240
    Number of pages31
    ISBN (Electronic)9780191595813
    ISBN (Print)9780199599875
    DOIs
    Publication statusPublished - 2010

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  • Cite this

    Lesaffer, R. C. H. (2010). Alberico Gentili's ius post bellum and early modern peace treaties. In B. Kingsbury, & B. Straumann (Eds.), The Roman foundations of the law of nations: Alberico Gentili and the justice of empire (pp. 210-240). Oxford University Press. https://doi.org/10.1093/acprof:oso/9780199599875.003.0011