2020 IB Extended Essays

Jus in bello

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Cromwell against other leaders and battles allows for a greater ability to evaluate the extent of

which Cromwell violated the accepted laws of warfare.

Comparative Case Study: King Gustavus Adolphus of Sweden

King Gustavus Adolphus of Sweden was one of the prominent Protestant leaders during the

Thirty Years’ War, and both his military prowess and adherence to Grotius’ laws of warfare

make him a very notable figure. His title of Gustavus Adolphus the Great, the only Swedish

monarch to have that title, made Sweden into a strong empire in Europe, implementing previously unseen military techniques. 25 However, he also attempted to uphold the numerous

laws of warfare described by Grotius. Perhaps the best example of this was during his

consolidation of power in the north-east Holy Roman Empire, when, in 1631 (six years

following the release of Grotius’ book), he prohibited his soldiers from “marauding and plundering.” 26 King Gustavus Adolphus also did not hide his admiration for Grotius; it is said

that he kept a copy of On the Law of War and Peace next to his bible under a pillow.

Furthermore, Adolphus highly commended Grotius to his High Chancellor of Sweden, Oxenstierna. 27 Adolphus’ high status in Sweden and among Protestants would have made him

almost the standard for all of what a military commander should aim for. While it is worthy of

an extensive inquiry to deduce whether each of Adolphus’ conflicts were just or solemn, it can

be concluded that by prohibiting marauding and plundering, he is adhering to the idea of a just

war, as such actions would be permissible in a solemn war. Hence, with Adolphus, a highly

respected leader, following the laws laid out by Grotius on the laws of a just war. By contrast,

Cromwell egregiously violated these normative ‘standards’ of warfare.

Comparative Case Study: The Sack of Magdeburg

While the lawful practices of King Gustavus Adolphus are a good model, there are many

examples of violations of war by other leaders and armies, especially in the Thirty Years’ War.

One of the most infamous and notorious battles of the war is the Sack of Magdeburg in 1631.

The city, having been besieged for two months, was eventually assaulted by the surrounding

troops. As soon as the walls were breached, many buildings (including houses) were set alight,

25 Michael Roberts, “Gustavus Adolphus,” Encyclopædia Britannica, published July 20, 1998, https://www.britannica.com/biography/Gustav-II-Adolf . 26 Oliver C. Prinz, Der Einfluss von Heeresverfassung und Soldatenbild auf die Entwicklung des

Militärstrafrechts (Göttingen: V&R unipress, 2005). 27 David Jayne Hill, The Rights of War and Peace , 11-17.

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