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In Book Three of Tolstoys epic, War and Peace, the hero,
Pierre Bezukhov, arrives at the battlefield of Borodino to find that
the fog of war has descended, obscuring everything he had expected
to be clear. There is no order, there are no familiar patterns of
action, all is contingency. He could not, Count Bezukhov admits,
even distinguish our troops from the enemys. And the worst is yet
to come, for once the real fighting begins, chaos takes over in
full.
From the Iliad to Tolstoy and beyond, that familiar trope, the
fog of war, has been used to evoke the millenniaold experience of
the radical uncertainty of combat. The gutwrenching opening scenes
of Saving Private Ryan brought this ancient truth home to a new
generation of Americans: in even the most brilliantly planned
military campaign, such as the Allied invasion of Normandy,
contingency is soon king, and overcoming it draws on a mans deepest
reserves of courage and wit.
Some analysts, however, take the trope of the fog of war a
philosophical step further and suggest that warfare takes place
beyond the reach of moral reason, in a realm of interest and
necessity where moral argument is a pious diversion at best and, at
worst, a lethal distraction from the deadly serious business at
hand.
To which men and women formed by biblical religion, by the great
tradition of Western moral philosophy, or by the encounter between
biblical religion and moral philosophy that we call moral theology
must say: No, that is a serious mistake. Nothing human takes place
outside the realm or beyond the reach of moral reason. Every human
action takes place within the purview of moral judgment.
Thus moral muteness in a time of war is a moral stance: it can be
a stance born of fear; it can be a stance born of indifference; it
can be a stance born of cynicism about the human capacity to promote
justice, freedom, and order, all of which are moral goods. But
whatever its psychological, spiritual, or intellectual origins,
moral muteness in wartime is a form of moral judgmenta deficient
and dangerous form of moral judgment.
That is why the venerable just war traditiona form of moral
reasoning that traces its origins to St. Augustine in fifthcentury
North Africais such an important public resource. For fifteen
hundred years, as it has been developed amidst the historical white
water of political, technological, and military change, the just war
tradition has allowed men and women to avoid the trap of moral
muteness, to think through the tangle of problems involved in the
decision to go to war and in the conduct of war itselfand to do all
that in a way that recognizes the distinctive realities of war.
Indeed, in the national debate launched by the war against terrorism
and the threat of outlaw states armed with weapons of mass
destruction, we can hear echoes of the moral reasoning of Augustine
and his successors:
What is the just cause that would justify putting our armed
forces, and the American homeland, in harms way?
Who has the authority to wage war? The President? The President
and Congress? The United States acting alone? The United States with
a sufficient number of allies? The United Nations?
Is it ever right to use armed force first? Can going first ever
be, not just morally permissible, but morally imperative?
How can the use of armed force contribute to the pursuit of
justice, freedom, and order in world affairs?
That these are the questions that instinctively emerge in the
American national debate suggests that the just war tradition
remains alive in our national cultural memory. And that is a very
good thing. But it is also a somewhat surprising thing, for the past
thirty years have witnessed a great forgetting of the classic just
war tradition among those who had long been assumed to be its
primary intellectual custodians: the nations religious leaders,
moral philosophers, and moral theologians. That forgetting has been
painfully evident in much of the recent commentary from religious
leaders in the matter of U.S. policy toward Iraq, commentary that is
often far more dependent on political and strategic intuitions of
dubious merit than on solid moral reasoning. The fact of the matter
today is that the just war tradition, as a historically informed
method of rigorous moral reasoning, is far more alive in our service
academies than in our divinity schools and faculties of theology;
the just war tradition lives more vigorously in the officer corps,
in the Uniform Code of Military Justice, and at the higher levels of
the Pentagon than it does at the National Council of Churches, in
certain offices at the United States Conference of Catholic Bishops,
or on the Princeton faculty. (There are different degrees of
forgetfulness here, of course, and recent statements by the U.S.
Catholic bishops on the question of Iraq were of a higher degree of
intellectual seriousness than the effusions of other national
religious bodies. But the bishops statements did, I would argue,
continue a pattern of just war forgetfulness whose origins I shall
discuss below.) payday loan
This forgetting in the places where the just war tradition has
been nurtured for centuries has led to confusions about the
tradition itself. Those confusions have, in turn, led to distorted
and, in some cases, irresponsible analyses from the quarters to
which Americans usually look for moral guidance. That is why it is
imperative that the just war tradition be retrieved and developed in
these first perilous years of the twentyfirst century. At issue is
the public moral hygiene of the Republicand our national capacity
to think with moral rigor about some very threatening realities of
todays world.
In one of last years most celebrated books, Warrior Politics,
veteran foreign correspondent Robert Kaplan suggested that only a
pagan ethos can provide us with the kind of leadership capable of
safely traversing the global disorder of the twentyfirst century.
Kaplans pagan ethos has several interlocking parts. It is shaped
by a tragic sense of life, one that recognizes the ubiquity, indeed
inevitability, of conflict. It teaches a heroic concept of history:
fate is not all, and wise statecraft can lead to better futures. It
promotes a realistic appreciation of the boundaries of the possible.
It celebrates patriotism as a virtue. And it is shaped by a grim
determination to avoid moralism, which Kaplan (following
Machiavelli, the Chinese sage SunTzu, and Max Weber) identifies
with a morality of intentions, oblivious to the peril of unintended
or unanticipated consequences. For Kaplan, exemplars of this pagan
ethos in the past century include Theodore Roosevelt, Winston
Churchill, and Franklin Roosevelt.
Reading Warrior Politics, and reflecting on the concept of
morality that informs it, reminded me of an old story related by
Father John Courtney Murray, S.J. During the Korean War, the proudly
Protestant Henry Luce, son of China missionaries, found himself
confused by the debate over morality and foreign policy that Harry
Trumans police action had stirred up. What, Luce asked Fr.
Murray, did foreign policy have to do with the Sermon on the Mount?
What, Fr. Murray replied, makes you think that morality is
identical with the Sermon on the Mount? Kaplan, a contemporary
exponent of foreign policy realism, seems to share Henry Luces
misimpression that in the classic tradition of the West the moral
life is reducible to the ethics of personal probity and
interpersonal relationships, the implication being that issues of
statecraft exist somewhere outside the moral universe. The just
war tradition takes a very different view.
As indicated above, the classic tradition insists that no aspect
of the human condition falls outside the purview of moral reasoning
and judgmentincluding politics. Politics is a human enterprise.
Because human beings are creatures of intelligence and free
willbecause human beings are inescapably moral actorsevery human
activity, including politics, is subject to moral scrutiny. There is
no Archimedean point outside the moral universe from which even the
wisest pagan statesman can leverage world politics.
Indeed, what Kaplan proposes as a pagan ethos is a form of
moral reasoning that would be enriched by a serious encounter with
the classic just war tradition. One need not be a pagan, as Kaplan
proposes, to understand the enduring impact of original sin on the
world and its affairs; Genesis 13 and a good dose of Augustines
City of God will do the job just as well, and arguably better. One
need not be a pagan to be persuaded that moral conviction, human
ingenuity, and wise statecraft can bend historys course in a more
humane direction; one need only reflect on the achievement of Pope
John Paul II and the churchbased human rights resistance in Central
and Eastern Europe in helping rid the world of the plague of
communism.
A realistic sense of the boundaries of the humanly possible in
given situations is not foreign to the classic moral tradition of
the West; prudence, after all, is one of the cardinal virtues. Nor
is patriotism necessarily pagan; indeed, in a country culturally
configured like the United States, patriotism is far more likely to
be sustained by biblical rather than pagan moral warrants. As for
moralism and its emphasis on good intentions, I hope I shall not
be thought unecumenical if I observe that that is a Protestant
problem, and that Catholic moral theology in the Thomistic stream is
very dubious about voluntaristic theories of the moral life and
their reduction of morality to a contest between the divine will and
my will. (See A Better Concept of Freedom, FT, March 2002.)
Kaplan notwithstanding, we can get to an ethic appropriate for
leadership in world politics without declaring ourselves pagans.
And, as Brian Anderson has argued in a thoughtful review of Kaplans
book in National Review, we can get there while retaining a crucial
place for a transcendent ought that limits the evil governments can
do. An ethic for world politics can be built against an ampler
moral horizon than Kaplan suggests.
As a tradition of statecraft, the just war argument recognizes
that there are circumstances in which the first and most urgent
obligation in the face of evil is to stop it. Which means that there
are times when waging war is morally necessary to defend the
innocent and to promote the minimum conditions of international
order. This, I suggest, is one of those times. Grasping that does
not require us to be pagans. It only requires us to be morally
serious and politically responsible. Moral seriousness and political
responsibility require us to make the effort to connect the dots
between means and ends.
Thus the just war tradition is best understood as a sustained and
disciplined intellectual attempt to relate the morally legitimate
use of proportionate and discriminate military force to morally
worthy political ends. In this sense, the just war tradition shares
Clausewitzs view of the relationship between war and politics:
unless war is an extension of politics, it is simply wickedness. For
Robert Kaplan, Clausewitz may be an archetypal pagan. But on this
crucial point, at least, Clausewitz was articulating a thoroughly
classic just war view of the matter. Good ends do not justify any
means. But as Fr. Murray liked to say, in his gently provocative
way, If the end doesnt justify the means, what does? In the
classic just war tradition of statecraft, what justifies the
resort to proportionate and discriminate armed forcewhat makes war
make moral senseis precisely the morally worthy political ends
being defended and/or advanced.
That is why the just war tradition is a theory of statecraft, not
simply a method of casuistry. And that intellectual fact is the
first thing about the just war tradition that must be retrieved
today if we seek a public moral culture capable of informing the
national and international debate about war, peace, and
international order.
The second crucial idea to be retrieved in the contemporary
renewal of the just war tradition is the distinction between bellum
and duellum, between warring and duelling, so to speak. As
intellectual historian and just war theorist James Turner Johnson
has demonstrated in a number of seminal works, this distinction is
the crux of the matter in moral analysis. Bellum is the use of armed
force for public ends by public authorities who have an obligation
to defend the security of those for whom they have assumed
responsibility. Duellum, on the other hand, is the use of armed
force for private ends by private individuals. To grasp this
essential distinction is to understand that, in the just war
tradition, war is a moral category. Moreover, in the classic just
war tradition, armed force is not inherently suspect morally.
Rather, as Johnson insists, the classic tradition views armed force
as something that can be used for good or evil, depending on who is
using it, why, to what ends, and how.
Thus those scholars, activists, and religious leaders who claim
that the just war tradition begins with a presumption against
war or a presumption against violence are quite simply mistaken.
It does not begin there, and it never did begin there. To suggest
otherwise is not merely a matter of misreading intellectual history
(although it is surely that). To suggest that the just war tradition
begins with a presumption against violence inverts the structure
of moral analysis in ways that inevitably lead to dubious moral
judgments and distorted perceptions of political reality.
The classic tradition, as I have indicated, begins with the
presumptionbetter, the moral judgmentthat rightly constituted
public authority is under a strict moral obligation to defend the
security of those for whom it has assumed responsibility, even if
this puts the magistrates own life in jeopardy. That is why Thomas
Aquinas locates his discussion of bellum iustum within the treatise
on charity in the Summa Theologiae (IIII, 40.1). That is why the
late Paul Ramsey, who revivified Protestant just war thinking in
America after World War II, described the just war tradition as an
explication of the public implications of the Great Commandment of
loveofneighbor (even as he argued that the commandment sets limits
to the use of armed force).
If the just war tradition is a theory of statecraft, to reduce it
to a casuistry of meanstests that begins with a presumption
against violence is to begin at the wrong place. The just war
tradition begins by defining the moral responsibilities of
governments, continues with the definition of morally appropriate
political ends, and only then takes up the question of means. By
reversing the analysis of means and ends, the presumption against
violence starting point collapses bellum into duellum and ends up
conflating the ideas of violence and war. The net result is that
warfare is stripped of its distinctive moral texture. Indeed, among
many American religious leaders today, the very notion of warfare as
having a moral texture seems to have been forgotten.
The presumption against violence starting point is not only
fraught with historical and methodological difficulties. It is also
theologically dubious. Its effect in moral analysis is to turn the
tradition insideout, such that warconduct (in bello) questions of
proportionality and discrimination take theological precedence over
what were traditionally assumed to be the prior wardecision (ad
bellum) questions: just cause, right intention, competent authority,
reasonable chance of success, proportionality of ends, and last
resort. This inversion explains why, in much of the religious
commentary after the terrorist attacks of September 11, 2001,
considerable attention was paid to the necessity of avoiding
indiscriminate noncombatant casualties in the war against terrorism,
while little attention was paid to the prior question of the moral
obligation of government to pursue national security and world
order, both of which were directly threatened by the terrorist
networks.
This inversion is also theologically problematic because it
places the heaviest burden of moral analysis on what are inevitably
contingent judgments. There is nothing wrong, per se, with
contingent judgments; but they are contingent. In the nature of the
case, we can have less surety about in bello proportion and
discrimination than we can about the ad bellum questions. As I hope
I have shown above, the tradition logically starts with ad bellum
questions because the just war tradition is a tradition of
statecraft: a tradition that attempts to define morally worthy
political ends. But there is also a theologica theological
logicthat gives priority to the ad bellum questions, for these are
the questions on which we can have some measure of moral clarity.
The presumption against violence and its distortion of the just
war way of thinking can also lead to serious misreadings of world
politics. One such misreading, precisely from this intellectual
source, may be found in the 1983 U.S. bishops pastoral letter, The
Challenge of Peace (TCOP). TCOP was deeply influenced by the
emphasis laid on questions of in bello proportionality and
discrimination because of the threat of nuclear war. No doubt these
were important issues. But when that emphasis drove the moral
analysis, as it did in TCOP, the result was a distorted picture of
reality and a set of moral judgments that contributed little to wise
statecraft. Rather than recognizing that nuclear weapons were one
(extremely dangerous) manifestation of a prior conflict with
profound moral roots, the bishops letter seemed to suggest that
nuclear weapons could, somehow, be factored out of the conflict
between the West and the Soviet Union by arms control. And in order
to achieve arms control agreements with a nervous, even paranoid,
foe like the Soviet Union, it might be necessary to downplay the
moral and ideological dimensions of the Cold War. That, at least,
was the policy implication of the claim that the greatest threat to
peace (identified as such because in bello considerations and the
presumption against violence trumped everything else) was the mere
possession of nuclear weapons. Fast payday loan, payday loans no faxing in UK.
The opposite, of course, turned out to be true. Nuclear weapons
were not the primary threat to peace; communism was. When communism
went, so did the threat posed by the weapons. As the human rights
resistance in Central and Eastern Europe brought massive regime
change inside the Warsaw Pact, creating dynamics that eventually led
to the demise of the USSR itself, the risks of nuclear war were
greatly diminished and real disarmament (not arms control) began.
The presumption against violence starting point, as manifest in
TCOP, produced a serious misreading of the political realities and
possibilities.
The claim that a presumption against violence is at the root of
the just war tradition cannot be sustained historically,
methodologically, or theologically. If the just war tradition is a
tradition of statecraft, and if the crucial distinction that
undergirds it is the distinction between bellum and duellum, then
the just war tradition cannot be reduced, as too many religious
leaders reduce it today, to a series of means tests that begins with
a presumption against violence. To begin hereto imagine that the
role of moral reason is to set a series of hurdles (primarily having
to do with in bello questions of proportionality and discrimination)
that statesmen must overcome before the resort to armed force is
given moral sanctionis to begin at the wrong place. And beginning
at the wrong place almost always means arriving at the wrong
destination.
Fifteen years ago, before I had learned something about literary
marketing, I published a book entitled Tranquillitas Ordinis: The
Present Failure and Future Promise of American Catholic Thought on
War and Peace. There I argued that, as a theory of statecraft, the
just war tradition contained within itself a ius ad pacem, in
addition to the classic ius ad bellum (the moral rules governing the
decision to go to war) and ius in bello (the rules governing the use
of armed force in combat). By coining the phrase ius ad pacem, I was
trying to prise out of the just war way of thinking a concept of the
peace that could and should be sought through the instruments of
politicsincluding, if necessary, the use of armed force. Like the
just war tradition itself, this concept of peace finds its roots in
Augustine: in The City of God, peace is tranquillitas ordinis, the
tranquillity of order, or as I preferred to render it in more
contemporary terms, the peace of dynamic and rightly ordered
political community.
In Augustines discussion of peace as a public or political
issue, peace is not a matter of the individuals right
relationship with God, nor is it a matter of seeking a world without
conflict. The former is a question of interior conversion (which by
definition has nothing to do with politics), and the latter is
impossible in a world forever marked, even after its redemption, by
the mysterium iniquitatis. In the appropriate political sense of the
term, peace is, rather, tranquillitas ordinis: the order created by
just political community and mediated through law.
This is, admittedly, a humbler sort of peace. It coexists with
broken hearts and wounded souls. It is to be built in a world in
which swords have not been beaten into plowshares, but remain
swords: sheathed, but ready to be unsheathed in the defense of
innocents. Its advantage, as Augustine understood, is that it is the
form of peace that can be built through the instruments of politics.
This peace of tranquillitas ordinis, this peace of order, is
composed of justice and freedom. The peace of order is not the
eerily quiet and sullen peace of a wellrun authoritarian regime;
it is a peace built on foundations of constitutional, commutative,
and social justice. It is a peace in which freedom, especially
religious freedom, flourishes. The defense of basic human rights is
thus an integral component of work for peace.
This is the peace that has been achieved in and among the
developed democracies. It is the peace that has been built in recent
decades between such traditional antagonists as France and Germany.
It is the peace that we defend within the richly diverse political
community of the United States, and between ourselves and our
neighbors and allies. It is the peace that we are now defending in
the war against global terrorism and against aggressor states
seeking weapons of mass destruction.
International terrorism of the sort we have seen since the late
1960s, and of which we had a direct national experience on September
11, 2001, is a deliberate assault, through the murder of innocents,
on the very possibility of order in world affairs. That is why the
terror networks must be dismantled or destroyed. The peace of order
is also under grave threat when vicious, aggressive regimes acquire
weapons of mass destructionweapons that we must assume, on the
basis of their treatment of their own citizens, these regimes will
not hesitate to use against others. That is why there is a moral
obligation to ensure that this lethal combination of irrational and
aggressive regimes, weapons of mass destruction, and credible
delivery systems does not go unchallenged. That is why there is a
moral obligation to rid the world of this threat to the peace and
security of all. Peace, rightly understood, demands it.
This concept of peaceasorder can also enrich our understanding
of that muchbruited term, the national interest. The irreducible
core of the national interest is composed of those basic security
concerns to which any responsible democratic statesman must attend.
But those security concerns are related to a larger sense of
national purpose and international responsibility: we defend America
because America is worth defending, on its own terms and because of
what it means for the world. Thus the security concerns that make up
the core of the national interest should be understood as the
necessary inner dynamic of the exercise of Americas international
responsibilities. And those responsibilities include the obligation
to contribute, as best we can, to the long, hard,
nevertobefinallyaccomplished domestication of international
public life: to the quest for ordered liberty in an evolving
structure of international public life capable of advancing the
classic goals of politicsjustice, freedom, order, the general
welfare, and peace. Empirically and morally, the United States
cannot adequately defend its national interest without
concurrently seeking to advance those goals in the world.
Empirically and morally, those goals will not be advanced if they
are pursued in ways that gravely threaten the basic security of the
United States. We are #1 glass bongs retailer online.
In eradicating global terrorism and denying aggressive regimes
weapons of mass destruction, the United States and those who walk
this road with us are addressing the most threatening problems of
global disorder that must be resolved if the peace of order, the
peace of tranquillitas ordinis, is to be secured in as wide a part
of the world as possible in the twentyfirst century. Here, national
interest and international responsibility coincide.
Moral clarity in a time of war requires us to retrieve the idea
of the just war tradition as a tradition of statecraft, the classic
structure of just war analysis, and the concept of peace as
tranquillitas ordinis. Moral clarity in this time of war also
requires us to develop and extend the just war tradition to meet the
political exigencies of a new century, and to address the
international security issues posed by new weapons technologies.
Permit me to sketch briefly three areas in which the ad bellum
(wardecision) criteria of the just war tradition require
development, even as I suggest what the policy implications of these
developments might be in todays circumstances.
Just Cause. In the classic just war tradition, just cause was
understood as defense against aggression, the recovery of something
wrongfully taken, or the punishment of evil. As the tradition has
developed since World War II, the latter two notions have been
largely displaced, and defense against aggression has become the
primary, even sole, meaning of just cause. This theological
evolution has parallels in international law: the defense against
aggression concept of just cause shapes Articles 2 and 51 of the
Charter of the United Nations. In light of twentyfirstcentury
international security realities, it is imperative to reopen this
discussion and to develop the concept of just cause.
As recently as the Korean War (and, some would argue, the Vietnam
War), defense against aggression could reasonably be taken to mean
a defensive military response to a crossborder military aggression
already underway. New weapons capabilities and outlaw or rogue
states require a development of the concept of defense against
aggression. To take an obvious current example: it makes little
moral sense to suggest that the United States must wait until a
North Korea or Iraq or Iran actually launches a ballistic missile
tipped with a nuclear, biological, or chemical weapon of mass
destruction before we can legitimately do something about it. Can we
not say that, in the hands of certain kinds of states, the mere
possession of weapons of mass destruction constitutes an
aggressionor, at the very least, an aggression waiting to happen?
This regime factor is crucial in the moral analysis, for
weapons of mass destruction are clearly not aggressions waiting to
happen when they are possessed by stable, lawabiding states. No
Frenchman goes to bed nervous about Great Britains nuclear weapons,
and no sane Mexican or Canadian worries about a preemptive nuclear
attack from the United States. Every sane Israeli, Turk, or
Bahraini, on the other hand, is deeply concerned about the
possibility of an Iraq or Iran with nuclear weapons and mediumrange
ballistic missiles. If the regime factor is crucial in the moral
analysis, then preemptive military action to deny the rogue state
that kind of destructive capacity would not, in my judgment,
contravene the defense against aggression concept of just cause.
Indeed, it would do precisely the opposite, by giving the concept of
defense against aggression real traction in the world we must live
in, and transform.
Some will argue that this violates the principle of sovereignty
and risks a global descent into chaos. To that, I would reply that
the postWestphalian notions of state equality and sovereign
immunity assume at least a minimum of acquiescence to minimal
international norms of order. Todays rogue states cannot, on the
basis of their behavior, be granted that assumption. Therefore, they
have forfeited that immunity. The regime factor is determinative,
in these extreme instances.
To deny rogue states the capacity to create lethal disorder,
precisely because their possession of weapons of mass destruction
threatens the minimum conditions of order in international public
life, strengthens the cause of world order; it does not undermine
it. Surely the lessons of the 1930s are pertinent here.
On the matter of just cause, the tradition also needs development
in terms of its concept of the relevant actors in world politics.
Since September 11, some analysts have objected to describing our
response to the international terrorist networks as war because,
they argue, alQaeda and similar networks are not states, and only
states can, or should, wage war, properly understood. There is an
important point at stake here, but the critics misapply it.
Limiting the legitimate use of armed force to those international
actors who are recognized in international law and custom as
exercising sovereignty has been one of the principle
accomplishments of just war thinking as it has shaped world
political culture and law; over a period of centuries, the classic
distinction between bellum and duellum has been established in
international law. At the same time, however, it does not fudge or
blur this crucial distinction to recognize that alQaeda and similar
networks function like states, even if they lack certain of the
attributes and trappings of sovereignty traditionally understood.
Indeed, terrorist organizations provide a less ambiguous example of
a legitimate military target, because, unlike conventional states
(which are always admixtures of good and evil, against whom military
action sometimes threatens the good as well as the evil), the
parasite states that are international terrorist organizations are
unmitigated evils whose only purpose is wickednessthe slaughter of
innocents for ignoble political ends. Thus the exigencies of the
current situation require us to think outside the Westphalian box,
so to speak, but to do so in such a way as to avoid dismantling de
facto the distinction between bellum and duellum.
Competent Authority. Two questions involving the ad bellum
criterion of competent authority have been raised since September
11: the question of the relationship between a governments domestic
and foreign policy and its legitimacy as a belligerent, and the
question of whether competent authority now resides in the United
Nations only.
One of the more distasteful forms of postSeptember 11 commentary
can be found in suggestions that there were root causes to
terrorismroot causes that not only explained the resort to mass
violence against innocents, but made the use of such violence
humanly plausible, if not morally justifiable. The corollary to this
was the suggestion that the United States had somehow brought the
attacks on itself, by reasons of its dominant economic and cultural
position in the world, its Middle East policy, or some combination
thereof. The moralpolitical implication was that such a misguided
government lacked the moral authority to respond to terrorism
through the use of armed force.
The root causes school blithely ignores the extant literature on
the phenomenon of contemporary terrorism, which is emphatically not
a case of the wretched of the earth rising up to throw off their
chains. But it is the moralpolitical implication the root causes
school draws that I want to address. Here, Lutheran scholar David
Yeago has been a wise guide. Writing in the ecumenical journal Pro
Ecclesia, Yeago clarified an essential point:
The authority of the government to protect the lawabiding and
impose penalties on evildoers is not a reward for the governments
virtue or good conduct. . . . The protection of citizens and the
execution of penalty on peacebreakers is the commission which
constitutes government, not a contingent right which it must somehow
earn. In the mystery of Gods providence, many or indeed most of the
institutional bearers of governmental authority are unworthy of it,
often flagrantly so, themselves stained with crime. But this does
not make it any less the vocation of government to protect the
innocent and punish evildoers. A government which refused to
safeguard citizens and exercise judgment on wrong out of a sense of
the guilt of past crime would only add the further crime of
dereliction of duty to its catalog of offenses.
The question of alliances and international organizations must
also be addressed in the development of just war thinking about
competent authority. Must any legitimate military action be
sanctioned by the UN Security Council? Or, if not that, then is the
United States obliged, not simply as a matter of political prudence
but as a matter of moral principle, to gain the agreement of allies
(or, more broadly, coalition partners) to any use of armed force
in response to terrorism, or any military action against aggressive
regimes with weapons of mass destruction?
That the UN Charter itself recognizes an inalienable national
right to selfdefense suggests that the Charter does not claim sole
authority to legitimate the use of armed force for the Security
Council; if you are under attack, according to the Charter, you
dont have to wait for the permission of China, France, Russia, or
others of the vetowielding powers to defend yourself. Moreover, the
manifest inability of the UN to handle largescale international
security questions suggests that assigning a moral veto over U.S.
military action on these fronts to the Security Council would be a
mistake. Then there is the question of what we might call the
neighborhood on the Security Council: What kind of moral logic is
it to claim that the U.S. government must assuage the interests of
the French foreign ministry and the strategic aims of the repressive
Chinese governmentboth of which are in full play in the Security
Councilin order to gain international moral authority for the war
against terrorism and the defense of world order against outlaw
states with weapons of mass destruction? A very peculiar moral
logic, indeed, I should think.
Building coalitions of support for dismantling the international
terror networks and denying rogue states lethal weapons capacities
is politically desirable (and in some instances militarily
essential). But I very much doubt that it is morally imperative from
a classic just war point of view. The United States has a unique
responsibility for leadership in the war against terrorism and the
struggle for world order; that is not a statement of hubris but of
empirical fact. That responsibility may have to be exercised
unilaterally on occasion. Defining the boundaries of unilateral
action while defending its legitimacy under certain circumstances is
one crucial task for a developing just war tradition.
Last Resort. Among those who have forgotten the just war
tradition while retaining its language, the classic ad bellum
criterion of last resort is usually understood in simplistically
mathematical terms: the use of proportionate and discriminate armed
force is the last point in a series of options, and prior,
nonmilitary options (legal, diplomatic, economic, etc.) must be
serially exhausted before the criterion of last resort is satisfied.
This is both an excessively mechanistic understanding of last resort
and a prescription for danger.
The case of international terrorism again compels a development
of this ad bellum criterion. For what does it mean to say that all
nonmilitary options have been tried and found wanting when we are
confronted with a new and lethal type of international actor, one
that recognizes no other form of power except the use of violence
and that is largely immune (unlike a conventional state) to
international legal, diplomatic, or economic pressures? The charge
that U.S. military action after September 11 was morally dubious
because all other possible means of redress had not been tried and
found wanting misreads the nature of terrorist organizations and
networks. The last in last resort can mean only, in
circumstances where there is plausible reason to believe that
nonmilitary actions are unavailable or unavailing.
As for rogue states developing or deploying weapons of mass
destruction, a developed just war tradition would recognize that
here, too, last resort cannot be understood mathematically, as the
terminal point of a lengthy series of nonmilitary alternatives. Can
we not say that last resort has been satisfied in those cases when a
rogue state has made plain, by its conduct, that it holds
international law in contempt and that no diplomatic solution to the
threat it poses is likely, and when it can be demonstrated that the
threat the rogue state poses is intensifying? I think we can.
Indeed, I think we must.
Some states, because of the regimes aggressive intent and the
lack of effective internal political controls on giving lethal
effect to that intent, cannot be permitted to acquire weapons of
mass destruction. Denying them those weapons through proportionate
and discriminate armed forceeven displacing those regimescan be an
exercise in the defense of the peace of order, within the boundaries
of a developed just war tradition. Until such point as the
international political community has evolved to the degree that
international organizations can effectively disarm such regimes, the
responsibility for the defense of order in these extreme
circumstances will lie elsewhere.
Finally, moral clarity in this time of war requires a developed
understanding of the location of the just war tradition in our
public discourse and in responsible governance.
If the just war tradition is indeed a tradition of statecraft,
then the proper role of religious leaders and public intellectuals
is to do everything possible to clarify the moral issues at stake in
a time of war, while recognizing that what we might call the
charism of responsibility lies elsewherewith duly constituted
public authorities, who are more fully informed about the relevant
facts and who must bear the weight of responsible decisionmaking
and governance. It is simply clericalism to suggest that religious
leaders and public intellectuals own the just war tradition in a
singular way.
As I have argued above, many of todays religious leaders and
public intellectuals have suffered severe amnesia about core
components of the tradition, and can hardly be said to own it in any
serious intellectual sense of ownership. But even if todays
religious leaders and public intellectuals were fully in possession
of the tradition, the burden of decisionmaking would still lie
elsewhere. Religious leaders and public intellectuals are called to
nurture and develop the moralphilosophical riches of the just war
tradition. The tradition itself, however, exists to serve statesmen.
There is a charism of political discernment that is unique to the
vocation of public service. That charism is not shared by bishops,
stated clerks, rabbis, imams, or ecumenical and interreligious
agencies. Moral clarity in a time of war demands moral seriousness
from public officials. It also demands a measure of political
modesty from religious leaders and public intellectuals, in the
giveandtake of democratic deliberation.
Some have suggested, in recent months, that the just war
tradition is obsolete. To which I would reply: to suggest that the
just war tradition is obsolete is to suggest that politicsthe
organization of human life into purposeful political communitiesis
obsolete. To reduce the just war tradition to an algebraic casuistry
is to deny the tradition its capacity to shed light on the
irreducible moral component of all political action. What we must
do, in this generation, is to retrieve and develop the just war
tradition to take account of the new political and technological
realities of the twentyfirst century. September 11, what has
followed, and what lies ahead, have demonstrated just how urgent
that task is.
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