Can War be Just?
by William
R Alford - Mar. 9,
2005
Modern objections to free societies in the developed
world engaging in
military operations for other than purely defensive purposes stem from
a variety of interrelated concerns that merit exploration. There are
post-nuclear anxieties over precipitating global Armageddon that
include related concerns that place international ‘stability’ as
paramount. There is also a squeamishness to interfere in even the most
bloody of internal affairs perhaps because of guilt over past colonial
jingoism in which a putative ‘advanced’ culture was imposed by force
upon a ‘backward’ one.
Consequently, over the past
century tens of millions have perished at
the hands of their own governments [and to a lesser extent by loosely
affiliated ‘militias’] while the ‘civilized’ world did too little too
late. The reasons for this will be explored and alternative arguments
will be offered. The idea that an objective standard for official
behavior will also be examined with an emphasis upon whether some forms
of governance are valid and worth protecting while others are
illegitimate and even malignant for those within and outside the
borders.
While the now-notorious carnage
ensued in Bosnia-Herzegovina, European
Lutherans debated whether Just War doctrine could be “rehabilitated and
possibly used to justify humanitarian military intervention.” In the
late summer of 1993, the Lutheran World Federation resolved to condone
last-resort use of military force “on humanitarian grounds” if it is
also sanctioned by an international body. However, delegates from
the European Youth Conference rejected even this standard. They
explained that the UN is not immune to undue influence from the “major
industrial nations” which would threaten to push for hostilities before
“all nonviolent means of resolving a conflict have been exhausted, as
the just war doctrine demands.” They further explained that “any war,
whether just or unjust, radically destroys faith as well as
culture”(CCF).
By the Spring of 1993, the
“rapes, constant shelling, and ethnic
cleansing” that was ongoing in Yugoslavia’s carcass was well-known.
Reports of systematic rape including “girls as young as six and eight
years old” were deliberately being used as demoralization/intimidation
tactics -- as well as altering the ethnicity via the resultant
impregnations. The mass-slaughter was also known at the time [as was
the Serbs’ unwillingness to negotiate the spoils of war], but
many in the West nonetheless called for further ‘patience.’ Economic
sanctions should be given more time to work, they said. At that time,
the Christian community also cited the well-known Seven Criteria for
Just War elucidated in the pastoral letter drafted in the 1983 National
Conference of Catholic Bishops as being met save for one (Wall 56).
Certainly there was Just Cause. Additionally recognized
as extant were Competent Authority
[which implied a UN sanction], Comparative
Justice
[there was clearly a right and wrong side], Right Intention [not to
conquer, but save], Last Resort
[Serbian intransigence offered no
alternative] and Proportionality
[the civilian suffering while nothing
was done would be lessened by intervention]. The last criterion, Probability of
Success was doubtful according to many. Contemporary
Western military commanders explained that “nothing short of an all-out
attack on an enemy, supported by large ground forces” would bring the
wholesale atrocities to an end. The aggressors well knew at the time
that the Western Powers certainly hadn’t the belly for that, whether
the military capability existed or not (Wall 57). Thus, the suffering
continued
until either one side conquered the other in some places. It was
finally brought to an uneasy conclusion after President Clinton ordered
a high-altitude bombing campaign in March 1999 (Arnn) that contributed
to
Milosevic’s ouster and arrest in 2001 (CBC).
Eschewing military conflict
simply because the enemy seems invincible
is “rather immoral, not to say spineless,” according to London
University philosophy professor A. C. Grayling, “to avoid engaging in
an otherwise just war because it threatens to be too costly.” Cited as
counterpoint is the example of the Polish resistance to the 1939 NAZI
onslaught – although doomed to failure – it provided a “moral victory”
to the Poles [as was also the case with the Finns against the invading
Russians]. It later “proved an inspiration to others" (Grayling 120-2).
Furthermore,
history has shown that overmatched adversaries can indeed prevail over
numerical/technological/economic disadvantages if there is a sufficient
countervailing advantage in comparative resolve. So who is to say which
struggle is futile? If a nation is facing total destruction by a
conqueror, successful resistance cannot be attained without even
trying.
To forgo resisting tyranny is
not peace, because tyranny is not only
the cause of war -- it is in itself war. As Ayn Rand Institute senior
writer Andrew Bernstein noted, the major wars of the twentieth century
were started by “dictatorial monarchies” [Hohenzollern Germany, Tsarist
Russia], totalitarian dictatorships [fascist Italy, militarist Japan,
NAZI Germany, Soviet Russia] as well as smaller ones by authoritarian
regimes such as General Leopoldo Galtieri’s Falklands invasion and
Saddam Hussein Kuwait adventure. Dr. Bernstein observes that “dictators
are in chronic war against their own people” and thus have no qualms
against exporting violence beyond the borders. It is in their nature to
do so (Bernstein).
Certainly the tens of millions
who perished in the Soviet Gulags, Mao’s
Cultural revolution, Pol Pot’s Killing Fields, etc. were not
experiencing
peace. Yet those in the civilized world and their international
institutions had little to say in criticism – much less was there a
thought of taking any measures to stop the slaughter (Rummel). Much of
this was
due to moral relativism and the fact that the UN itself is corrupted by
accepting as members states that have governments held into place by
force. Thus there was no possibility of establishing any standard as to
which government behavior is acceptable. Free markets and free speech
are thus to be regarded as equally valid expressions of native culture
as are torture chambers and show trials (Bernstein). The only standard
that was
left as agreeable in international law then was respecting the
sovereignty of other states.
Although we may not ‘like’ the
regime and what it is doing to its own
people, so say the current magpies of 'stability,' to intervene would
invite disorder. Rutgers Religion professor
James Turner Johnson explains that such a “morally sterile” concept
stems from a tacit reversion to the 1648 Westphalian agreement for
states to not meddle in each others’ affairs. This was perhaps needed
at the time to stem years of bloodshed between inherited autocratic
kingdoms. In
today’s world however, it has only too often served to “protect tyrants
while they oppress, rob, torture, and kill the citizens of their
nations.” This was recognized by some as insufficient, so some
theologians provided for military force being used “for humanitarian
intervention only so long as there were no national interests being
served” (Johnson 18). Even this
distinction should be considered insufficient,
because it is arguable that stopping government-sanctioned violence and
establishing freedom can have positive effects outside the borders –
including for the arresting force’s country. Does this potential
benefit for others preclude stopping widespread torture, summary
executions, ethnic cleansing, etc.?
As the technical means of
making war
became more destructive in the late 19th
century, a reversion to the Westphalian system became more attractive
for some. The advent of nuclear weapons and other WMDs has created a
constituency for considering all forms of warfare to be
immoral/unthinkable under any circumstances. [There were also hopes
that war would be eliminated by the supposed “increasing perfection of
human social institutions.”] Only if in defense against a direct attack
can military force be justified. This is certainly not in accordance
with Aquinas’ provision that defense is but one of many other reasons
justifying force. Its use stems from the “responsibility of government
to protect order, justice and peace -- not simply from the fight to
respond to an attacker in kind” (Johnson 19).
In his critique of realism,
Princeton’s Institute for Advanced Study
professor Michael Walzer described how Athens considered it necessary
to conquer an island Spartan colony called Melos. Not because it posed
a threat, but to not do so would be seen as a sign of weakness and thus
threaten the continued existence of Athens’ empire. Dr. Walzer points
out that the moral preservation of such was not a given necessity nor
morally justified, however (Walzer 7-8).
Simple rivalry between
tyrannical regimes cannot be sufficient to
justify a resort to arms, so a distinction must be made between the
international politics of the ancient world and that of
Christian-sanctioned rule. From Aquinas’ day until the era of modern
popular government dawned [with the founding of the United States], the
king was sovereign by Divine Right. Dr. Johnson quotes Romans 13:4:
“For [the ruler] is God's minister to you for good.” As such the Crown
is understood to resort to arms “only on public authority and for the
public good” as he alone is Divinely inspired to discern (Johnson 16).
But there was a concurrent
development toward what we now recognize as
Natural Law. A form of rudimentary popular self-government seems to
have developed simultaneously before the earliest civilizations were
established, according to Yale Political Science professor emeritus
Robert A. Dahl. Then a long period of despotism ensued as people began
to settle in large groups. Later, in ancient Greece and classical Rome,
the concept of participatory government in a civilized society
developed -- to a point. In medieval Western Europe, local assemblies
emerged which gradually inured people to the idea that government
policy/leadership should be subject to popular consent (Dahl 7-21).
The concept that there are
immutable objective Laws that universally
apply were adapted somewhat by Medieval theologians and jurists [such
as Aquinas] to solidify the ultimate objective source of the Divine and
to circumscribe the choices available to monarchs. As the Protestant
Reformation led in turn to a general questioning of authority
structures, the people themselves were increasingly seen as the source
of legitimacy rather than what could be conferred by clerics in the
form of a crown. Catholic University history professor Kenneth
Pennington goes on to explain how popular sovereignty found it’s
ultimate expression in the Declaration of Independence in which it was
recognized that all are born “with certain inalienable rights” that
transcend whatever man can invent as either an ideal or a right to rule
by force. Freedom was recognized as the optimal human condition -- to
which all people are entitled -- that fosters peace and prosperity
(Pennington 15).
The idea that tyranny could be considered
an equally valid ‘alternate
lifestyle’ that is endemic to some cultures is not only absurd – it is
dangerous. What seems to have been forgotten by many since WWII is that
it is not possible to contain, appease or otherwise live in peace with
tyranny – at home or abroad. So it is not only permissible, but
obligatory for free societies to intervene when dictatorships oppress
their own and threaten their neighbors. Regimes that are not
legitimized by a popular mandate are not entitled to sovereignty.
Concerns of precipitating a global conflict by resisting tyranny have
not been proven correct by recent history.
Objections to any and all war
due to fears of a WMD-borne Armageddon
have been given lie by the actual conflicts that have occurred since
WWII. Dr. Johnson notes that recent military actions have been “civil
wars and regional armed conflicts…[that have] been bloody, sometimes
genocidal, sometimes terroristic [and] always characterized by violence
directed toward noncombatants.” Rather than military force decisions
having all been inherently wrong, it was “the choice to fight for
immoral reasons and/or by immoral means” (Johnson 20).
Nations that are committed to
fostering the natural rights with which
we are all born can neither morally nor practically be satisfied with
simply defending against attack. In presenting what amounts to such
societies’ responsibility to maintain “peaceful social order,” Dr.
Johnson notes that some current Just War theory commentators have a
more realistic and workable perspective. He reminds us how Pope John
Paul II had said that “intervention may be ‘necessary where the
survival of populations and entire ethnic groups is seriously
compromised.’” In a Catholic Church Catechism drafted in 1997 it is
observed:
Respect
for and development of
human life requires peace. Peace is not
merely the absence of war, and it is not limited to maintaining a
balance of powers between adversaries. Peace cannot be attained on
earth without safeguarding the goods of persons, free communication
among men, respect for the dignity of persons and peoples, and
assiduous practice of fraternity. Peace is "the tranquility of order."
Peace is the work of justice and the effect of charity (Johnson 21).
REFERENCES
CCF German Lutherans
Debate ‘Just War.’ Christian
Century, Sept. 8, 1993.
Wall, James M. Not a Time for
Heroes; Bosnia and Just War Criteria Christian Century,
May 12, 1993.
Arnn, Larry P. U.S. Has Right To
Bomb, But Is Bombing Right? Leadership Institute, March
1999.
Milosevic Arrested,
Jailed, Sedated. CBC
News, Apr. 01, 2001.
Grayling, A. C. Fighting is a Last
Resort: Aquinas Defined the Just War: Few conflicts have ever met his
criteria. New
Statesman, August 12, 2002.
Bernstein, Andrew. The Nobel Peace
Prize Should Go To Those Who Really Support Peace.
Andrewbernstein.net
Rummel, R.J. Death
by
Government [cited figures from combined tabulated data
throughout
the
volume]. Transaction Publishing, 1997.
Johnson, James Turner. Just war, as
it was and is. First
Things: A Monthly Journal of Religion and Public Life, Jan 2005
i149.
Walzer, Michael. Just and
Unjust Wars: A Moral Argument with Historical Illustrations.
New
York: Basic Books, 2000.
Dahl,
Robert A. On Democracy. New Haven,
Conn: Yale University Press, 2000.
Pennington, Kenneth. The History of
Natural Law. The
Catholic University of America Washington DC.
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