2020 IB Extended Essays

Jus in bello

gyh992

religious workers, merchants, prisoners of war, and those who have surrendered unconditionally. 11

Oliver Cromwell and his men violated this tenet by killing civilians in both the Siege of

Drogheda and the Sack of Wexford. In Drogheda, following a week-long siege, Cromwell launched a direct assault to breach the town’s walls on 11 September, 1649. 12 In the heat of the moment, “[Cromwell] forbade [his soldiers] to spare any that were in arms in the town,” 13 and allowed the killing of numerous friars and civilians. 14 In fact, upon finding several soldiers hiding in the steeple of St. Mary’s Church, under Cromwell’s orders, the steeple was set alight, with any who fled being killed on the spot. 15 The one surviving civilian account from Drogheda

details numerous soldiers purposefully shooting at sheltering civilians. While there is no

precise death count, it is estimated to be around 3,000, with Cromwell himself admitting that this figure included “many inhabitants”. 16 These actions are in clear violation of the law laid

out by Grotius, killing not only civilians, but also those who had surrendered, and hence

Cromwell’s actions at Drogheda were entirely unjust. In the Sack of Wexford, Cromwell’s

forces attacked in the middle of surrender negotiations, leaving a surprised Irish garrison that

put up little to no resistance. The soldiers as well as a heavy number of civilians were soon

slaughtered. As Cromwell himself put it, his men “…put all to the sword, that came in [their] way”. 17 According to one clerical account, “the blood lust of soldiers filled the streets and houses”. By the end of the ordeal, Cromwell estimated that over 2,000 people had been killed, a value including both soldiers and civilians alike, while he only lost 20 of his men. 18 Similarly

to Drogheda, the Sack of Wexford involved widespread killing of civilians and non-militant

persons. Therefore, in relation to killing non-militant peoples, the evidence shows conclusively

that Cromwell and his violated the appropriate laws of warfare to quite a great extent.

Destruction of Property

The destruction of property is unique in Grotius’ doctrine as his arguments on the topic differ

greatly depending on whether the conflict in question is a just war or a solemn war? According

11 Hugo Grotius, De jure belli ac pacis 12 Simon Adams, “Siege of Drogheda,” Encyclopædia Britannica, published 2019, https://www.britannica.com/event/Siege-of-Drogheda . 13 See Appendix 1. 14 Oliver Cromwell, letter to William Lenthall, September 17, 1649. 15 Tom Reilly, Cromwell: An Honourable Enemy . 16 Micheál Ó Siochrú, God’s Executioner . 17 Oliver Cromwell, letter to William Lenthall, October 11, 1649. 18 Micheál Ó Siochrú, God’s Executioner .

6