La aplicación del derecho de guerra durante la expansión romana (200-167 a.C)análisis territorial y estudio comparativo

Laburpena

Among the many aspects of Ancient History of the Mediterranean, Roman expansion remains a recurring theme. The legal question of war and its implementation on the ground takes on particular importance. We need to consider and interconnect each conflict in their historical context and, in the case of the study of ius belli, should unite different scenarios in order to get a wide range of analysis and stronger conclusions. Assuming that, there was an unwritten law that regulated the general attitudes towards the enemy, the main objective is to determine whether there was a differential praxis based on the degree of urbanization of the territory, economic status and cultural development. We perform an extensive survey on the Roman military campaigns in the period 200-167 BC (Sections II and III of the work), tears which the Italian military power remained open several fronts in the West (Hispania, Gaul, Liguria and Corsica-Sardinia), which combined with the development of major international wars in the East (Second Macedonian War, Antiochus III and Third Macedonian World). The identification of the different episodes of unconditional surrender (deditio) and armed assault (oppugnatio) is performed in Section IV, and serves to classify the demand that Roma made to subjected populations. We can distinguish different clauses and forms of retaliation depending on the conditions of surrender. Measures relating to the deditio are the demand of hostages, surrender of weapons, military cooperation, the obligation to accommodate troops and the imposition of a series of financial penalties. Meanwhile, after the armed assault, general implemented reprisals with a greater degree of violence: plunder, territorial fragmentation, population transfer, physical destruction, the enslavement of survivors and selective death penalty. The last Section of this Thesis is dedicated to the comparison of the Roman intervention in West and East Mediterranean. Data analysed along research assert the existence of a Roman state strategy, whose objectives were varied depending on the territory: the direct control in West and the political and diplomatic submission in the East. This is demonstrated in the terms after unconditional surrender: while un Hispania and Gaul we can identified military measures, in Greece economic and personal demands prevailed over the rest. Referring to the oppugnationes, plunder is documented in both sides, but if we compare the data of economic benefit we can detect an asymmetry clearly propitious to East. The use of enslavement is understood as a process designed to securing increased revenues, and is mainly detected in the West and eastern areas with a low level of institutional development. The intervention on the territory appears also as a differential factor: in the East the destruction of city walls was the most used retaliation, in the West the razing of cores and population transfers is attested. Finally throughout this framework, the application of certain terms and retaliation was influenced by Roman Foreign Policy Objectives. One must also take into account the interests of the general, and the war worked as a tool for access to higher-level magistracies.