RELIGIOUS AND CUSTOMARY RESTRAINTS IN ANCIENT WARFARE: THE FRAGILE NORMATIVITY OF GREEK AND ROMAN PRACTICES
RELIGIOUS AND CUSTOMARY RESTRAINTS IN ANCIENT WARFARE: THE FRAGILE NORMATIVITY OF GREEK AND ROMAN PRACTICES
Author(s): Miran MareljaSubject(s): Law, Constitution, Jurisprudence, History of Law, Civil Law, Roman law
Published by: Софийски университет »Св. Климент Охридски«
Keywords: armed conflicts; customary rules; ius in bello; Greek warfare; Roman warfare.
Summary/Abstract: Despite the evident variety of warfare conduct, armed conflicts in antiquity point to the existence of customary rules of war aimed at regulating conduct during hostilities. These rules reflect early manifestations of the principles of distinction and proportionality. Rooted in reciprocal treatment of the enemy, such norms were frequently challenged in the context of prolonged conflicts and instances of extreme cruelty, all of which encouraged the erosion of established limitations. The weakening of customary constraints is thus evidenced by numerous instances of prisoner executions, violence against civilians, and the destruction of cities and sanctuaries in both the Greek and Roman worlds. This study examines Greek and Roman warfare customary practices, such as the humane treatment of prisoners, burial of the dead, and protection of sanctuaries, revealing an emerging humanitarian ethos, even if its observance was inconsistent and often dependent on reciprocity between belligerents. Particularly important in this context is the intellectual abridgement that critically assessed the justice of wartime actions and thereby contributed to the development of normative limitations.
Journal: IUS ROMANUM
- Issue Year: 2025
- Issue No: 2
- Page Range: 965-984
- Page Count: 20
- Language: English
