Oh, and who's "rule of law"? The conqured nations law, or the conqurerer's?

Are we appealing to a higher authority?

Is this two nations of the Holy Romean empire duking it out and following the emporers rule of law?

A dieity's?

If two equally soverign nations fight, neither have "rule of law" over the other's citizenry.

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By rule of law I meant Dicey's rule of law. Also, i think I am in a wrong here to always assume the winners were modern democratic state, Modern nation state.