Suppose that despite possible libertarian opposition, war has broken out. Clearly, the libertarian position should be that, so long as the war continues, the scope of assault upon innocent civilians must be diminished as much as possible. Old-fashioned international law had two excellent devices to accomplish this goal: the “laws of war,” and the “laws of neutrality” or “neutral’s rights”… In short, the libertarian tries to induce the warring States to observe fully the rights of neutral citizens. The “laws of war,” for their part, were designed to limit as much as possible the invasion by warring States of the rights of civilians in their respective countries. As the British jurist F.J.P. Veale put it:
The fundamental principle of this code was that hostilities between civilized peoples must be limited to the armed forces… It drew a distinction between combatants and non-combatants by laying down that the sole business of the combatants is to fight each other and, consequently, that non-combatants must be excluded from the scope of military operations.
In the modified form of prohibiting the bombardment of all cities not in the front line, this rule held in Western European wars in recent centuries until Britain launched the strategic bombing of civilians in World War II. Now, of course, the entire concept is scarcely remembered, since the very nature of modern nuclear warfare rests upon the annihilation of civilians.
~ Murray Rothbard, For a New Liberty, "War and Foreign Policy," pp. 332-334
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