On Grotius' Thought Of Wartime Protection And Its Influence On International Humanitarian Law

Grotius is famous for The Law of War and Peace in the world.His "rational natural law" and "just war theory" have made great contributions to the development of international law.When people study Grotius' theory,they tend to ignore his other pioneering theory,the idea of wartime protection.The core of wartime protection thought is humanitarianism.Based on the previous legal research,Grotius creatively put forward a series of specific rules,such as the protection of innocent people and property,the restriction and destruction of buildings and articles of enemy countries,and the humane treatment of prisoners,which completely opened the veil of humanitarianism,It also clarifies many humanitarian constraints in wartime,which provides a theoretical basis for the development of the follow-up humanitarian thought.This paper focuses on the study of Grotius' thought of wartime protection and its influence on international humanitarian law,and solves the following three problems:first,how does Grotius' thought of wartime protection come into being,what are the practical reasons for its coming into being,what is the theoretical origin,what derivation methods are used and what are the specific contents of his thought;second,From the time when Grotius put forward the idea of wartime protection to the birth of international humanitarian law,what kind of changes has it experienced in theory and practice;thirdly,what kind of relationship between Grotius' idea of wartime protection and international humanitarian law is and what kind of influence it has had on international humanitarian law.The main structure of this paper consists of four parts.The first and tne second parts mainly focus on the study of wartime protection thought,and analyze the practical consideration of Grotius' wartime protection thought,and explores the theoretical origin of the construction of this thought,that is,the rationalism of Stoicism,the just war theory of Alberico zhentilli,the rational natural law theory and the scientism theory.This paper summarizes the derivation method of this thought,that is,the method of natural reasoning and the method of rationalism.Through the in-depth reading of thetext of The Law of War and Peace,starting from the two aspects of wartime protection of human life and property and humanitarian restrictions on wartime actions,it combs the specific content of Grotius' wartime protection thought,and clarifies the specific rules contained in this thought.The third part mainly explores the follow-up development of Grotius' thought of wartime protection on the theoretical and practical levels.Specifically,on the theoretical level,Rousseau put forward the viewpoint that we should treat fighters and civilians differently in his book On Social Contract.From the perspective of all mankind,Marty put forward that the people should not be divided into religion,race,color,nationality,etc In his Memoirs of Solferino,Dunan put forward two ideas: to establish medical institutions or organizations to receive disabled persons in wartime and to sign international treaties to ensure the relief of victims in wartime.On the practical level,the emergence of the French Revolution promoted the innovation of the military occupation system in the war,and proposed the system of distinguishing between the armed personnel and the civilians in the war;although the LIBOR Code issued in 1863 is a domestic law,it is the first code combining humanitarian spirit and legal provisions,and it is the development of the following Geneva law system and the Hague law system The International Committee of the Red Cross,established by Dunan,has promoted the formulation of many humanitarian treaties and made outstanding contributions to the development of humanitarian law.The fourth part briefly introduces the compilation and theoretical disputes of international humanitarian law,probes into the development process of humanitarian theory in the period before and after the development of Grotius' thought of wartime protection,and solves the problem of the relationship between wartime protection and international humanitarian law.That is to say,Grotius' thought of wartime protection is the theoretical source of the establishment of international humanitarian law,which has a great influence on the basic principles and legal source system of international humanitarian law It had a great impact.With the continuous changes of the international community,international humanitarian law,based on Grotius' ideas of wartime protection,inherits and develops the principles of humanity and the system of Geneva law,and gradually constructs a new international humanitarian legal order.From this new perspective,this paper explores the specific content of Grotius' wartime protection thought and its impact on international humanitarian law,which will help to clarify the humanitarian concept in wartime,improve Grotius' just war theory,and provide a theory for the subsequent development of international humanitarian law Inspiration.