Naslov
The law of war and destruction of cities in the early modern times: the emergence of initial protective norms

Autori
Marelja, Miran

Vrsta, podvrsta i kategorija rada
Poglavlja u knjigama, znanstveni

Knjiga
Urbicides, destructions et renaissances urbaines du XVIe siècle à nos jours

Urednik/ci
Chassaigne, Philippe ; Le Mao, Caroline ; Lastécouères, Christophe

Izdavač
Maison des Sciences de l'Homme de Bordeaux

Grad
Bordeaux

Godina
2021

Raspon stranica
89-98

ISBN
978-2-85892-606-0

Ključne riječi
city sieges, destruction of cities, early modern times

Sažetak
The destruction of objects is recognised as one of the four core in bello criteria of modern international humanitarian law. By exploring the historical roots of modern international humanitarian law regarding the destruction of objects, we improve our understanding of the historical and legal evolution of warfare regulation. This paper aims to examine the development of warfare conduct limitations regarding city sieges and the destruction of cities in the early modern times. The central part of this paper addresses the initially chivalric and later legal obligation to offer the city a chance to surrender and therefore prevent the massacre of its population as well as the destruction of the city itself. The theoretical progress in the modern times facilitated the evolution of new protective norms, applicable even if the city was taken by force of arms. City sieges and related property destruction in the early modern times were increasingly regulated by customary legal rules, while military conduct in this regard was sometimes a matter of internal, statutory regulations.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA