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US Chooses Grotius’ Rights to a Free & Safe Ocean While Eliminating Smugglers

So the most important writer in the history of International Law, the Law of War & Peace, and the Law of the Sea accepts that war and violent defense are both natural and righteous;


Was it wrong to shoot 2 missiles at a Venezuelan drug boat, instead of one? Details & a fair investigation are ongoing. But does the US have a right to kill smugglers sending drugs to America that kill millions? Yes, as an act of war--according to Hugo Grotius.


America needs safe oceans for commerce while defending ourselves from menacing foes, including deadly craft carrying toxins imported by diabolical Marxist nations. Foundationally, Dutch philosopher Hugo Grotius (1583-1645) is considered the Father of International Law, whose opinions went unchallenged for 350 years. His De Jure Belli Ac Pacis (The Law of War & Peace) included a chapter on Freedom of the Seas, extolling free oceans for commerce and the need for protecting a nation from danger.

“Grotius is regarded as “Father of International Law” in recognition of his considerable influence on the development of the law of nations. His greatest contribution to the field of international law, De Jure Belli Ac Pacis (The Law of War & Peace) stands as seminal treatises on rights & duties of nations in their relations with other states.” (Herb Somers)

Further…

In his Parellelon Rerumpublicarum (1601-2). Grotius explored the concept of ‘good faith’ in dealings with other nations. In his Commentary on Eleven Theses (circa 1602-08), Grotius established an understanding of the ruling power of a state—its sovereignty—and its relation to the principles of just war. There is a basic law of nature determined by the need to reconcile self-preservation with social life, that authority to govern & even punish derives from rights of natural persons prior to the founding of civil societies.



His work on War & Peace begins with Just War theory then discusses legal war, and examines Natural Law theory behind it. Grotius gives the following summary:

    “There is a kinship among men established by nature, bonded by a community of rights. The society of nations, including the whole human race, needs recognition of rights as much as mere local communities. As nations are but larger aggregations of individuals, each with its own corporate coherence, the accidents of geographic boundary do not obliterate that human demand for justice which springs from the nature of man as a moral being. There is, therefore, as a fundamental bond of human societies, a Natural Law, which, when properly apprehended, is perceived to be the expression and dictate of right reason. It is thus upon the nature of man as a rational intelligence that Grotius founds his system of universal law. As this law of human nature is universally binding wherever men exist, it cannot be set aside by the mere circumstances of time and place, whence it results that there is a law of war as well as a law of peace.”

Grotius describes in his Laws of War & Peace the Mare Liberum--Freedom of the Seas. Grotius based his argument on the "most specific and unimpeachable axiom of the Law of Nations, called a primary rule or first principle, the spirit of which is self-evident and immutable", namely that: "Every nation is free to travel to every other nation, and to trade with it." Grotius argued that this self-evident and immutable right to travel and to trade required (1) a right of innocent passage over land, and (2) a similar right of innocent passage at sea.



So, Grotius teaches mankind is under Civil Law until circumstances call for war, & then the Law of War applies. He writes,

    “From the law of nature then which may also be called the law of nations, it is evident that all kinds of war are not to be condemned…The meaning of it is, that certain formalities, attending war, were introduced by the law of nations, which formalities were necessary to secure the peculiar privileges arising out of the law. From hence a distinction, which there will be occasion to use hereafter, between a war with the usual formalities of the law of nations, which is called just or perfect, and an informal war, which does not for that reason cease to be just, or agreeable to right. For some wars, when made upon just grounds, though not exactly conformable, yet are not repugnant to the law, as will be explained more fully hereafter. By the law of the nations, says Livy, provision is made to repel force by arms; and Florentinus declares, that the the law of nations allows us to repel violence and injury, in order to protect our persons.”

Overall, Grotius’ work contains: “3 books. Book 1 defines the concept of war, argues for the legitimacy of war & identifies who may legitimately wage war. Book 2 deals with causes of war & enumerates 3 just causes for war: self-defense, reparation of injury and punishment. Finally, Book 3 is dedicated to the rightful conduct of belligerents in war.



Now, Grotius referenced his natural law from innumerable citations of biblical law, such where he defends nations killing those who wrongly shed the blood of foreigners, like the following:

    “In Gen. ix. 5, 6, God thus speaks, “Surely the blood of your lives will I require; at the hand of every beast will I require it, and at the hand of every man; at the hand of every man’s brother will I require the life of man. Whoever sheds man’s blood, by man shall his blood be shed; for in the image of God made he man.” Here some take the phrase of requiring blood, in the most general sense and the other part, that blood shall be shed in its turn, they consider as a bare threat, and not an approbation; neither of which acceptations can be admitted. For the prohibition of shedding blood extends not beyond the law itself, which declares, Thou shalt not kill; but passes no condemnation upon capital punishments or wars undertaken by public authority.”

Summary: So the most important writer in the history of International Law, the Law of War & Peace, and the Law of the Sea accepts that war and violent defense are both natural and righteous. Grotius taught that nations switch from civil law to the law of war--when they are treated in an evil manner--outside of civil norms. And therefore, belligerents, including smugglers causing deaths in one nation can be justly killed by the nation where victims of such murders--including by Venezuelan Marxist radicals--live.



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Kelly O'Connell——

Kelly O’Connell is an author and attorney. He was born on the West Coast, raised in Las Vegas, and matriculated from the University of Oregon. After laboring for the Reformed Church in Galway, Ireland, he returned to America and attended law school in Virginia, where he earned a JD and a Master’s degree in Government. He spent a stint working as a researcher and writer of academic articles at a Miami law school, focusing on ancient law and society. He has also been employed as a university Speech & Debate professor. He then returned West and worked as an assistant district attorney. Kelly is now is a private practitioner with a small law practice in New Mexico.


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