Because no country can interfere in another’s legal system, there is little the UK can do to help the six Britons jailed in India for possessing ‘illegal’ firearms which were, in fact, fully authorised for the protection of shipping against piracy. Where David Cameron failed, Boris might try an appeal based on ius gentium, ‘the law of nations’.
Cicero was the first Roman to discuss the idea. He talked of societas (‘the state of association between people’) having the ‘widest possible application, uniting every man with every other man’. The jurist Gaius (c. AD 150) put it in legal terms like this: ‘Every people governed by statutes and customs observes partly its own peculiar law and partly law common to all mankind. The former… is called ius civile as being the special law of that state (civitas); but the law which ‘natural reason’ establishes among all mankind is observed equally by every people and is called ius gentium as being the law applied by all nations.’
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