In recent times there have been worldwide initiatives such as the Geneva Convention and the UN Convention on the Rights of the Child, aimed at protecting and helping non-combatants and the vulnerable in times of war. In 2014, the Global Summit to End Sexual Violence in Conflict agreed on “…practical steps to tackle impunity for the use of rape as a weapon of war.” Through such an initiative, the international community recognises the devastating impact of this kind of violence on societies already traumatised, and the consequences for those affected.
These initiatives are vital and welcome, and they have a long history - pre-dated on these islands by many hundreds of years in legislation known as the Law of the Innocents or the Cain Adomnan – Law of Adomnan.
Adomnan is probably better known as Abbot of Iona and biographer of Columba. But at the 697 Synod at Birr in County Offaly, Ireland, he was instrumental in the declaration of this law that bears his name. The Cain Adomnan sought to protect innocentes - women, children and clerics - in times of warfare. The Law itself deals mainly with women, their status in society and the effects of conflict and violence.
A number of leading men - mostly Irish but also some from Scotland - kings, bishops, and abbots - were part of this process. These included Fland Febla, Bishop of Armagh, Bishop Curetan of Rosemarkie, and Fiachra Cosalach, King of Picts.
In addition, along with the law, related punishments were listed. These appear to be mostly fines, a normal form of punishment. However, for the new transgressions instituted by Adomnan, more was charged, and this levy given to the familia of Adomnan - the Monastery at Iona.
If it be making use of women in a massacre or a muster or a raid seven cumals for every hand involved
The Law also protected women in other ways and all acts of violence against them:
Whoever kills a woman shall be condemned to twofold punishment, that is before death, his right hand and his left foot shall be cut off and after that he shall die…
In addition, boys who were not yet of fighting age and clerics were also protected:
one eighth of everything small land large to the familia of Adomnan for the wounding of clerics and innocent youths
There are 91 people - church men and kings - named as guarantors of the Law, and judges were appointed to ensure compliance.
The Cain Adomnan is part of a long tradition of church teaching which emphasises concern for the innocent victims of conflict and violence. This teaching has been expressed for many centuries. The “Just War” theory emphasises protection for non-combatants.
It’s interesting to reflect that the Catholic Church also states:
…the right to use force for purposes of legitimate defence is associated with the duty to protect and help innocent victims who are not able to defend themselves from acts of aggression.