A History of Ancient Near Eastern Law

1060  

destruction (Nergal) confronting evil demons. Successful wars were

reported and accounted for in royal letters addressed to the supreme

god,^63 as well as in royal inscriptions addressed to the contemporary

political elite, often in terms closely recalling mythological battles

fought by the gods.

4.1.2 Justification of War: causa belli

Since by definition every war fought by the king as the representative

of god had to be just,^64 the Empire never began a war without a

valid justification. Legitimate causes of war presented in Assyrian sources

include, besides enemy aggression and armed rebellion, breach of a

treaty,^65 insolence towards the emperor—conceived as an offense against

god himself^66 —and requests for military help by foreign regimes.^67

4.1.3 Declaration of War

Wars started without outside provocation were planned carefully^68 and

were probably routinely preceded by a formal declaration of war.^69

4.1.4 Treatment of the Enemy

The alleged cruelty of Assyrians is a modern myth exaggerated

beyond all proportion. It is true that Assyrians, like their contem-

poraries and successors,^70 did commit terrible atrocities in war and

that they did cause civilian populations considerable sufferings both

during and after war. However, such atrocities were not inflicted

summarily but as just punishments for perjury prescribed in the curse

(^63) See Pongratz-Leisten, Herrschaftswissen...
(^64) See Weippert, “Heiliger Krieg.. .,” and Oded, War.. ., 13–18, and passim.
(^65) Failure to pay tribute and/or regularly send a messenger with a gift to the
royal court for audience counted as breach of the treaty.
(^66) E.g., the insolent words of Teumman, king of Elam, quoted in SAA 3 31: 12–13.
This insolence (mere¢tu) is explicitly given as the cause of the subsequent war in
Assurbanipal’s inscriptions.
(^67) See SAA 2, xviii–xxx. Military aid (granted in return for an “assistance and
friendship” treaty) was regarded as a way of promoting the “word” of Ashur and
thus compatible with the concept of “holy war.”
(^68) See, e.g., SAA 4, under “Military Queries” and “Queries concerning Written
Plans.”
(^69) See Gerardi, “Declaring War.. .,” and, for another example, Borger Esarh.,
103f. The indignation expressed by Assurbanipal over a surprise attack by the
Elamite king Urtaku (Streck Asb., 105) suggests that submitting a written declara-
tion of war prior to the beginning of hostilities was the standard procedure.
(^70) Cf., e.g., Josephus, The Jewish Wars Book VI, on the atrocities committed by
the Romans in quelling the uprising of the Jews.
westbrook_f28_1047-1066 8/27/03 1:37 PM Page 1060