Lex de bello indicendo

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The lex de bello indicendo denotes the war decision of the Roman comitia .

The decision was originally made in the Centuriatscomitia , but later it could also be made exceptionally in the Tribuscomitia . The content of the resolution was the creation of a military command for a new war zone, with an express warfare mandate. The lex de bello indicendo did not initiate the declaration of war , which was significant under international law - this could take place after several res repetere (embassies of satisfaction) before or after the committee decision and was carried out by the fetial legates during the early Roman Republic by resolution of the senate , later by the secular legates . There was no need for a lex de bello indicendo if there was already a military command in the war zone or in its vicinity. In these cases, an already existing military command was usually expanded to include the new war mandate simply by resolution of the Senate. New military commanders could also be decided by the comitia without an express war mandate - but these popular resolutions did not have the old form of the lex de bello indicendo (e.g. First Punic War , First Macedonian War ). That is why the lex de bello indicendo only occurs occasionally in the classical republic, especially in those cases in which the war resolution should be placed on a broad domestic political basis ( Second Punic War , Second Macedonian War and Third Macedonian War ).

The lex de bello indicendo can be traced back to the time of the formation of the Centuriatscomitien (6th century BC). It was probably the result of domestic politics in the 6th century BC. Chr. Changing military constitution of Rome (increasing participation of the Roman citizens serving in the hoplite phalanx ), which also led to the formation of the Centuriatscomitien. In the early and middle Roman royal period (8th – 7th centuries BC) no war decision was made in individual cases, but the king was given military command once at the beginning of his reign through the lex curiata de imperio . The last surviving war decision of the comitia was made against Cleopatra in 32 BC. During the principate there were probably no more leges de bello indicendo; for the princeps' military empire, which was privileged several times , offered multiple constitutional opportunities to open war without the participation of the comitia.

literature

  • Andreas Zack: Studies on "Roman International Law". Declaration of war, resolution of war, formation and ratification of international treaties, international friendship and hostility during the Roman Republic up to the beginning of the principate (= supplement to the Göttingen Forum for Classical Studies . 5). 2nd Edition. Edition Ruprecht, Göttingen 2007, ISBN 978-3-89744-139-2 (At the same time revised version by: Köln, Universität, Dissertation, 1999).