The concept of equal rights for both sexes in the field of international law emerged with some momentum in the early 1600s in the writings of the Dutch jurist and statesman Hugo Grotius(1583-1645). His views on this theme were most clearly enunciated in "De Jure Praedae Commentarius, " a treatise later adapted for inclusion in his famous 1625 book, "De Jure Belli ac Pacis" (On the Law of War and Peace). Book III, chapter IV of this learned work, which emphasizes international rules of conduct, deals in part with the rights of killing an enemy in a just war, and stresses that this should be tempered with moderation and humanity. In section IX he says "After establishing these general principles, it will not be difficult to decide upon particular cases. Seneca says that 'in the calamities of war children are exempted and spared, on the score of their age, and women from respect to their sex.' In the wars of the Hebrews, even after the offers of peace have been rejected, God commands the women and children to be spared." In section VIII, IX of the same book, restates some fundamental truths as background and ends with "An extent of which we may form some conception from the very circumstances, that even women and children are frequently subject to the calamities of war." In the corollary from which the first quote was taken, and elsewhere, Grotius makes it abundantly clear that, even in a just war, the killing of women should not be an objective of an enemy force. Before the time of Grotius ordinary common law had long existed to help regulate the conduct of individuals. This unwritten foundation was based on customs, and often included handed-down precepts such as the following three key principles found in the Ten Commandments(Deuteronomy 5): Firstly, You shall not kill; secondly, Neither shall you steal(op. cit., 19); and thirdly, Neither shall you bear false witness against you neighbour. To adapt these traditional rules-first applied to the guidance of individuals-for the guidance of states, Grotius transformed, modified, modernized and rewrote the principles to help regulate relations between nations. Essentially, his codification of international law and the corollaries contained in his seminal major work, "On the Law of War and Peace, " opened the way in 1948 for the modern prohibition on genocidal weapons. His corollaries strongly emphasized that women should not be purposefully killed by an enemy, even in a just war. They also prohibited piracy(Consolato delmare was the origin of this), and stressed that the outbreaks of wars should be formally declared. Following the establishment of these corollaries, women were gradually excluded as objects of hostility and from genocidal warfare, and Grotius' viewpoints were later made the main subject of Jus Cogens under the principles of equal rights for both sexes contained in the preamble to the Charter of the United Nations(1945). His ideas were also incorporated in the Universal Declaration of Human Rights(1948), Treaty of European Protection of Human Rights and Fundamental Freedoms(1950), International Treaties of Civil and Political Rights(13 treaties 1966), and Convention on the Elimination of All Forms of Discrimination Against Women(1979). By the time the 21st century arrives, the principle of equal rights for both sexes should be universally regarded as a clear commitment, carried out as per Jus Cogens, and standing on a par with such other corollaries such as the "Declaration Regarding Non Self-governing Territory" ('73 UN Charter). In any event, all treaties and constitutions opposed to these two corollaries should have been abolished or have faded away by the time the 21st century arrives, and these two principles should be well established by that time under the concept of Jus Cogens.
