2020 IB Extended Essays

Jus in bello

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Responsibility for Actions

If it is concluded that Cromwell’s army violated some of the laws of warfare laid out in Grotius’

doctrine, then it is also important to recognise who should take responsibility for such actions.

While the responsibility of soldiers could be considered as well, here there will be a focus on

whether the historical evidence lays the blame on Cromwell. In Grotius’ work, in Book 2

(Chapter 21 Section II), he explains that, “a community, or its rulers, may be held responsible

for the crime of a subject if they know of it and do not prevent it when they could and should

prevent it.” Here, by referencing the Ancient Roman statesmen Cicero and Augustine, Grotius

outlines that inaction in stopping a crime is, in itself, a crime, and that “Whoever fails to oppose an act, when he can, gives his consent to it.” 22

The primary sources from Ireland show that, in the Siege of Drogheda, Cromwell himself can

be seen as responsible for any misdeeds that occurred, as he ordered his troops in the battle.

However, the evidence for the Sack of Wexford is less conclusive. Cromwell’s troops

opportunistically attacked Wexford while they and the Irish were in the midst of peace negotiations, initiating the battle on their own terms. 23 Despite this, however, Cromwell did not stop his soldiers, and rather assisted them with additional orders once the town was breached. 24 Therefore, it can be argued that Cromwell, in spite of not ordering the attack in

Wexford, can be held responsible for both allowing it to continue and later encouraging it, a

clear violation of the law described earlier in Book 2 (Chapter 21, Section II). Since a military

commander takes responsibility for all the misdeeds of their army, then Cromwell can be

deemed to have violated Grotius’ laws to an extreme extent.

Comparison to Contemporary Commanders

Overall, Cromwell violated Grotius’ laws of warfare. However, while Grotius’ work has been

determined as being highly influential in developing international law, it is possible that his

laws were not universally accepted during the Age of Reason. This means that a comparison

between Cromwell and his contemporaries must also be conducted. An effective analysis of

22 Hugo Grotius, De jure belli ac pacis. 23 “What is the Story Behind Cromwell’s Bloody Sack of Wexford?” History Hit, published October 11, 2016, https://www.historyhit.com/day-cromwell-sacks-wexford/ . 24 Micheál Ó Siochrú, God’s Executioner .

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