War leads to damage arising among the participants of the armed conflict. This means both material damage and human losses. The issue of compensation connected with the end of the war has been present in international law for a long time. In particular, the division into just and unjust wars, originating in the late Middle Ages, is known. It is connected with academic work of two rectors of the University of Kraków from the 15th century, Stanisław of Skarbimierz and Paweł Włodkowic of Brudzeń. The first one of them, in his sermons entitled ‘O wojnach sprawiedliwych’ (De bellis iustis) and ‘O rozboju’ (De rapina) provided the first systematic interpretation of public war law. He recognized that war as an attribute of state power and distinguished just wars, i.e. those waged to defend the country or violated laws. According to Stanisław of Skarbimierz, compensation obligation was the result of initiating an unjust war, and it did not concern a state which started a just war and waged it in accordance with the law. The second above-mentioned rector represented the then Polish-Lithuanian state at the Council of Constance (1414-1418) in the dispute with the Teutonic Knights. He was also a proponent of acceptability of only just wars and stated that “since a war is acceptable in principle only if it is a defensive war, or possibly as the ultimate measure to restore the state which was unlawfully violated, then in principle the only purpose of taking booty should be ensuring compensation for the damage unlawfully caused.
These views expressed in the 15th century constitute an important contribution to the development of armed conflicts science. In practice, the end of wars could mean, usually apart from territorial cessions for the benefit of the winning party, imposing contributions on the defeated state. This consisted in the defeated party paying a specific amount in kind or in cash. However, the issues of war indemnities arise in connection with armed conflicts of the 19th century, starting from the Napoleonic Wars, and the matter of war reparations appears above all in relation to the Treaty of Versailles ending World War I. An example of 19th century war reparations is the treaty ending the Franco-Prussian War, according to which France had to pay five billion francs to the German Empire (quoting the treaty: to His Imperial and Royal Majesty German Emperor). It was agreed that one billion francs would be paid in 1871 and the payment of the rest had to take place within three years from the treaty ratification.
Defining the rules of the law of war took place at the turn of the 19th and 20th century and was connected primarily with the adoption of the Hague Conventions by a number of states. The Fourth Hague Convention of 18 October 1907 concerning the laws and customs of war on land was particularly important. Pursuant to Article 3 of this Convention: “a belligerent party which violates the provisions of the said Regulations shall, if the case demands, be liable to pay compensation” and “it shall be responsible for all acts committed by persons forming part of its armed forces”. The quoted provision entails an obligation of the state to pay compensation for the damage caused by violating the provisions of Hague rules and the responsibility placed on the state for all acts committed by its armed forces.
These views expressed in the 15th century constitute an important contribution to the development of armed conflicts science. In practice, the end of wars could mean, usually apart from territorial cessions for the benefit of the winning party, imposing contributions on the defeated state. This consisted in the defeated party paying a specific amount in kind or in cash. However, the issues of war indemnities arise in connection with armed conflicts of the 19th century, starting from the Napoleonic Wars, and the matter of war reparations appears above all in relation to the Treaty of Versailles ending World War I. An example of 19th century war reparations is the treaty ending the Franco-Prussian War, according to which France had to pay five billion francs to the German Empire (quoting the treaty: to His Imperial and Royal Majesty German Emperor). It was agreed that one billion francs would be paid in 1871 and the payment of the rest had to take place within three years from the treaty ratification.
Defining the rules of the law of war took place at the turn of the 19th and 20th century and was connected primarily with the adoption of the Hague Conventions by a number of states. The Fourth Hague Convention of 18 October 1907 concerning the laws and customs of war on land was particularly important. Pursuant to Article 3 of this Convention: “a belligerent party which violates the provisions of the said Regulations shall, if the case demands, be liable to pay compensation” and “it shall be responsible for all acts committed by persons forming part of its armed forces”. The quoted provision entails an obligation of the state to pay compensation for the damage caused by violating the provisions of Hague rules and the responsibility placed on the state for all acts committed by its armed forces.
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