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The right of war lies solely with the sovereign authority of the State.As it flows from the efficacious character of other rights in peril, the coercive right must belong to the possessor, or to the natural guardian, of those rights.Just as it is the natural law which, with a view to the natural purposes of mankind's creation, has granted its substantial rights to the state, so it is the same law which concedes the subsidiary right of physical coercion in their maintenance, without which none of its rights would be efficacious.The full truth, however, takes into consideration the limitations and extensions of the war-right set by international law in virtue of contract (either implicit in accepted custom or explicit in formal compact) among the nations which are party to international legal obligation.Much less may a just title be found in the mere need of exercising a standing martial force, of reconciling a people to the tax for its maintenance, or to escape revolutionary trouble at home.Here, also, it is to be noted that nations cannot draw a parallel from Old-Testament titles.Francisco Suárez, it is true, is inclined to seek the right of war as a means not precisely of defence, but of reparation of right and of punishment of violation, from the international law, on the ground that it is not necessary in the nature of things that the power of such rehabilitation and punishment should rest with the aggrieved state (though it should be somewhere on earth), but that mankind has agreed to the individual state method rather than by formation of an international tribunal with adequate police powers.However, the argument given above shows with fair clearness that the power belongs to the aggrieved state, and that though it might have entrusted, or may yet entrust, its exercise to an international arbiter, it is not bound so to do, nor has it done so in the past save in some exceptional cases.

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The source of the right of war is the natural law which confers upon states, as upon individuals, the moral powers or rights which are the necessary means to the essential purpose set by the natural law for the individual and the State to accomplish.

But it must be noted that civilized nations, in their effort to ameliorate the cruel conditions of warfare, have sometimes consented to allow, as the less of two imminent evils, that which is forbidden by the natural law.

This is not strictly a right, though it is often so denominated, but an international toleration of a natural wrong.

It is clear that the right of war cannot become a prerogative of any subordinate power in the state, or of a section, a city, or an individual, for the several reasons: that none such can have the right to imperil the good of all the state (as happens in war) except the juridical guardian of the common good of all: that subordinate parts of the state, as well as the individual citizen, having the supreme authority of the state to which to make appeal, are not in the case of necessity required for the exercise of coercion; finally, that any such right in hands other than those of the sovereign power would upset the pace and order of the whole state.

How sovereign authority in matter of war reverts back to the people as a whole in certain circumstances belongs for explanation to the question of revolution.

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