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C 11.
Offences against the external Security of the State.
in the second instance to any state which has jurisdiction
over him by any other means: that is, whether by means of affection,
of residence or of possessions.
Reason for punishing Offences against Enemies when Not privileged. Now let us consider the case when the state of which
the party injured is a member is at enmity with ones own
state: for hitherto it has been taken for granted to be in
amity. In this case it might seem at first sight that he
were altogether out of its protection and that there could
be no reason for punishing any injury that may have
been done to him. In fact however the same motives of
humanity and political prudence which dictate the propriety
of giving protection to a foreigner in amity may
plead in favour of an enemy with respect to all evils
besides what it may be necessary to inflict upon him
for the purpose of the war. After these exceptions there
seems to be no reason for treating him upon a footing inferior
to that of a subject. After these exceptions be it
is our business to protect him ought to be protected from outrage, if not for his
sake, for one's our own. See Tit: [Crueties to Animals].
— when privileged. In some particular cases there is even occasion for affording
a higher degree of protection to an enemy than even to
Identifier: | JB/072/049/003 "JB/" can not be assigned to a declared number type with value 72.
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not numbered |
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072 |
penal code |
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049 |
offences against the external security of the state |
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003 |
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copy/fair copy sheet |
4 |
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recto |
f9 / f10 / f11 / f12 |
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[[watermarks::[gr with crown motif] pro patria [with motif]]] |
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23666 |
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