Abstract:It is commonly assumed that the pre-codified, customary law of war had little true influence on the decisions or behavior of combatants in the western world. Evaluating this assumption concerning the custom (or norm) of the giving of quarter to enemy combatants in the Texas War of Independence of 1835-1836, this paper finds a strong and widely accepted norm on this subject already by the early 19th century, which exerted significant influence on the behavior in and the results and consequences of the war. The … Show more
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