Theories of War

Theories of War
This entry provides a sample of the rich and controversial argumentation surrounding philosophical discourse on war. This discourse is dominated by three major traditions of thought: just war theory (and its international law subsidiary); realism; and pacifism. The interaction between these three traditions structures the contemporary discussion of wartime issues, at the same time as it fuels fascinating debate about them. While just war theory occupies an especially large and influential space within the discourse, its realist and pacifist alternatives endure as provocative challenges to the philosophical mainstream which it represents.

1. Just War Theory
Just war theory is probably the most influential perspective on the ethics of war and peace. The just war tradition has enjoyed a long and distinguished pedigree, including such notables as Augustine, Aquinas, Grotius, Suarez, Vattel and Vitoria. Hugo Grotius is probably the most comprehensive and formidable classical member of the tradition; James T. Johnson is the authoritative historian of this tradition; and many recognize Michael Walzer as the dean of contemporary just war theorists. Many credit Augustine with the founding of just war theory but this is incomplete. As Johnson notes, in its origins just war theory is a synthesis of classical Greco-Roman, as well as Christian, values. If we have to “name names”, the founders of just war theory are probably the triad of Aristotle, Cicero and Augustine. Many of the rules developed by the just war tradition have since been codified into contemporary international laws governing armed conflict, such as The United Nations Charter and The Hague and Geneva Conventions. The tradition has thus been doubly influential, dominating both moral and legal discourse surrounding war. It sets the tone, and the parameters, for the great debate.
Just war theory can be meaningfully divided into three parts, which in the literature are referred to, for the sake of convenience, in Latin. These parts are: 1) jus ad bellum, which concerns the justice of resorting to war in the first place; 2) jus in bello, which concerns the justice of conduct within war, after it has begun; and 3) jus post bellum, which concerns the justice of peace agreements and the termination phase of war.

Jus ad bellum
The rules of jus ad bellum are addressed, first and foremost, to heads of state. Since political leaders are the ones who inaugurate wars, setting their armed forces in motion, they are to be held accountable to jus ad bellum principles. If they fail in that responsibility, then they commit war crimes.  Just war theory contends that, for any resort to war to be justified, a political community, or state, must fulfil each and every one of the following six requirements:

1. Just cause. This is clearly the most important rule; it sets the tone for everything which follows. A state may launch a war only for the right reason. The just causes most frequently mentioned include: self-defence from external attack; the defence of others from such; the protection of innocents from brutal, aggressive regimes; and punishment for a grievous wrongdoing which remains uncorrected.
2. Right intention. A state must intend to fight the war only for the sake of its just cause. Having the right reason for launching a war is not enough: the actual motivation behind the resort to war must also be morally appropriate. Ulterior motives, such as a power or land grab, or irrational motives, such as revenge or ethnic hatred, are ruled out. The only right intention allowed is to see the just cause for resorting to war secured and consolidated. If another intention crowds in, moral corruption sets in. International law does not include this rule, probably because of the evidentiary difficulties involved in determining a state's intent.
3. Proper authority and public declaration. A state may go to war only if the decision has been made by the appropriate authorities, according to the proper process, and made public, notably to its own citizens and to the enemy state(s). The “appropriate authority” is usually specified in that country's constitution. States failing the requirements of minimal justice lack the legitimacy to go to war.
4. Last Resort. A state may resort to war only if it has exhausted all plausible, peaceful alternatives to resolving the conflict in question, in particular diplomatic negotiation. One wants to make sure something as momentous and serious as war is declared only when it seems the last practical and reasonable shot at effectively resisting aggression.
5. Probability of Success. A state may not resort to war if it can foresee that doing so will have no measurable impact on the situation. The aim here is to block mass violence which is going to be futile. International law does not include this requirement, as it is seen as biased against small, weaker states.
6. Proportionality. A state must, prior to initiating a war, weigh the universal goods expected to result from it, such as securing the just cause, against the universal evils expected to result, notably casualties. Only if the benefits are proportional to, or “worth”, the costs may the war action proceed. (The universal must be stressed, since often in war states only tally their own expected benefits and costs, radically discounting those accruing to the enemy and to any innocent third parties.)

 Jus in bello
Jus in bello refers to justice in war, to right conduct in the midst of battle. Responsibility for state adherence to jus in bello norms falls primarily on the shoulders of those military commanders, officers and soldiers who formulate and execute the war policy of a particular state. They are to be held responsible for any breach of the principles which follow below.  .

There are several rules of external jus in bello:
1. Obey all international laws on weapons prohibition. Chemical and biological weapons, in particular, are forbidden by many treaties. Nuclear weapons aren't so clearly prohibited but it seems fair to say a huge taboo attaches to such weapons and any use of them would be greeted with incredible hostility by the international community.
2. Discrimination and Non-Combatant Immunity. Soldiers are only entitled to use their (non-prohibited) weapons to target those who are, in Walzer's words, “engaged in harm.” Thus, when they take aim, soldiers must discriminate between the civilian population, which is morally immune from direct and intentional attack, and those legitimate military, political and industrial targets involved in rights-violating harm. While some collateral civilian casualties are excusable, it is wrong to take deliberate aim at civilian targets.
3. Proportionality. Soldiers may only use force proportional to the end they seek. They must restrain their force to that amount appropriate to achieving their aim or target. Weapons of mass destruction, for example, are usually seen as being out of proportion to legitimate military ends.
4. Benevolent quarantine for prisoners of war (POWs). If enemy soldiers surrender and become captives, they cease being lethal threats to basic rights. They are no longer “engaged in harm.” Thus it is wrong to target them with death, starvation, rape, torture, medical experimentation, and so on.
5. No Means Mala in Se. Soldiers may not use weapons or methods which are “evil in themselves.” These include: mass rape campaigns; genocide or ethnic cleansing; using poison or treachery (like disguising soldiers to look like the Red Cross); forcing captured soldiers to fight against their own side; and using weapons whose effects cannot be controlled, like biological agents.
6. No reprisals. A reprisal is when country A violates jus in bello in war with country B. Country B then retaliates with its own violation of jus in bello, seeking to chasten A into obeying the rules. There are strong moral and evidentiary reasons to believe that reprisals don't work, and they instead serve to escalate death and make the destruction of war increasingly indiscriminate. Winning well is the best revenge.
Internal jus in bello essentially boils down to the need for a state, even though it's involved in a war, nevertheless to still respect the human rights of its own citizens as best it can during the crisis.

Jus post bellum
Jus post bellum refers to justice during the third and final stage of war: that of war termination. It seeks to regulate the ending of wars, and to ease the transition from war back to peace. There is little international law here—save occupation law and perhaps the human rights treaties—and so we must turn to the moral resources of just war theory. But even here the theory has not dealt with jus post bellum to the degree it should. There is a newness, unsettledness and controversy attaching to this important topic. To focus our thoughts, consider the following proposed principles for jus post bellum:
1. Proportionality and Publicity. The peace settlement should be measured and reasonable, as well as publicly proclaimed. To make a settlement serve as an instrument of revenge is to make a volatile bed one may be forced to sleep in later. In general, this rules out insistence on unconditional surrender.
2. Rights Vindication. The settlement should secure those basic rights whose violation triggered the justified war. The relevant rights include human rights to life and liberty and community entitlements to territory and sovereignty. This is the main substantive goal of any decent settlement, ensuring that the war will actually have an improving affect. Respect for rights, after all, is a foundation of civilization, whether national or international. Vindicating rights, not vindictive revenge, is the order of the day.
3. Discrimination. Distinction needs to be made between the leaders, the soldiers, and the civilians in the defeated country one is negotiating with. Civilians are entitled to reasonable immunity from punitive post-war measures. This rules out sweeping socio-economic sanctions as part of post-war punishment.
4. Punishment #1. When the defeated country has been a blatant, rights-violating aggressor, proportionate punishment must be meted out. The leaders of the regime, in particular, should face fair and public international trials for war crimes.
5. Punishment #2. Soldiers also commit war crimes. Justice after war requires that such soldiers, from all sides to the conflict, likewise be held accountable to investigation and possible trial.
6. Compensation. Financial restitution may be mandated, subject to both proportionality and discrimination. A post-war poll tax on civilians is generally impermissible, and there needs to be enough resources left so that the defeated country can begin its own reconstruction. To beggar thy neighbor is to pick future fights.
7. Rehabilitation. The post-war environment provides a promising opportunity to reform decrepit institutions in an aggressor regime. Such reforms are permissible but they must be proportional to the degree of depravity in the regime. They may involve: demilitarization and disarmament; police and judicial re-training; human rights education; and even deep structural transformation towards a minimally just society governed by a legitimate regime. This is, obviously, the most controversial aspect of jus post bellum.

2. Realism
Realism is most influential amongst political scientists, as well as scholars and practitioners of international relations. While realism is a complex and often sophisticated doctrine, its core propositions express a strong suspicion about applying moral concepts, like justice, to the conduct of international affairs. Realists believe that moral concepts should be employed neither as descriptions of, nor as prescriptions for, state behaviour on the international plane. Realists emphasize power and security issues, the need for a state to maximize its expected self-interest and, above all, their view of the international arena as a kind of anarchy, in which the will to power enjoys primacy.
Referring specifically to war, realists believe that it is an inevitable part of an anarchical world system; that it ought to be resorted to only if it makes sense in terms of national self-interest; and that, once war has begun, a state ought to do whatever it can to win. In other words, “all's fair in love and war.” During the grim circumstances of war, “anything goes.” So if adhering to the rules of just war theory, or international law, hinders a state during wartime, it should disregard them and stick steadfastly to its fundamental interests in power, security and economic growth. Prominent classical realists include Thucydides, Machiavelli and Hobbes. Modern realists include Hans Morgenthau, George Kennan, Reinhold Niebuhr and Henry Kissinger, as well as so-called neo-realists, such as Kenneth Waltz.
3. Pacifism
It seems best to rely on Jenny Teichman's definition of pacifism as “anti-war-ism.” Literally and straightforwardly, a pacifist rejects war in favour of peace. It is not violence in all its forms that the most challenging kind of pacifist objects to; rather, it is the specific kind and degree of violence that war involves which the pacifist objects to. A pacifist objects to killing (not just violence) in general and, in particular, she objects to the mass killing, for political reasons, which is part and parcel of the wartime experience. So, a pacifist rejects war; she believes that there are no moral grounds which can justify resorting to war. War, for the pacifist, is always wrong.
Mention should straight away be made of a very popular just war criticism of pacifism which will not be used here. This criticism is that pacifism amounts to an indefensible “clean hands policy.” The pacifist, it is said, refuses to take the brutal measures necessary for the defense of himself and his country, for the sake of maintaining his own inner moral purity. It is contended that the pacifist is thus a kind of free-rider, gathering all the benefits of citizenship while not sharing all its burdens. Another inference drawn is that the pacifist himself constitutes a kind of internal threat to the over-all security of his state.
This “clean hands” argument is easily, and frequently, over-stated. It is important to note that, to the extent to which any moral stance will commend a certain set of actions or intentions deemed morally worthy, and condemn others as being reprehensible, the “clean hands” criticism is so malleable as to apply to nearly any substantive doctrine. Every moral and political theory stipulates that one ought to do what it deems good or just and to avoid what it deems bad or unjust. So this popular just war criticism of pacifism is not strong. The very idea of a selfish pacifist simply does not ring true: many pacifists have, historically, paid a very high price for their pacifism during wartime (through severe ostracism and even jail time) and their pacifism seems less rooted in regard for inner moral purity than it is in regard for constructing a less violent and more humane world order. So, this argument against pacifism fails; but what of others?
Walzer contends that pacifism's idealism is excessively optimistic. In other words, pacifism lacks realism. More precisely, the nonviolent world imagined by the pacifist is not actually attainable, at least for the foreseeable future. Since “ought implies can”, the set of “oughts” we are committed to must express a moral outlook on war less utopian in nature. While we are committed to morality in wartime, we are forced to concede that, sometimes in the real world, resorting to war can be morally justified. It's hard to see, e.g., how anything but war could've defeated the Nazis.
Another objection to pacifism is that, by failing to resist international aggression with effective means, it ends up rewarding aggression and failing to protect people who need it. Pacifists reply to this argument by contending that we do not need to resort to war in order to protect people and punish aggression effectively. In the event of an armed invasion by an aggressor state, an organized and committed campaign of non-violent civil disobedience—perhaps combined with international diplomatic and economic sanctions—would be just as effective as war in expelling the aggressor, with much less destruction of lives and property. After all, the pacifist might say, no invader could possibly maintain its grip on the conquered nation in light of such systematic isolation, non-cooperation and non-violent resistance. How could it work the factories, harvest the fields, or run the stores, when everyone would be striking? How could it maintain the will to keep the country in the face of crippling economic sanctions and diplomatic censure from the international community? And so on.
Though one cannot exactly disprove this pacifist proposition—since it is a counter-factual thesis—there are powerful reasons to agree with John Rawls that such is “an unworldly view” to hold. For, as Walzer points out, the effectiveness of this campaign of civil disobedience relies on the scruples of the invading aggressor. But what if the aggressor is utterly brutal, remorseless? What if, faced with civil disobedience, the invader “cleanses” the area of the native population, and then imports its own people from back home? What if, faced with economic sanctions and diplomatic censure from a neighbouring country, the invader decides to invade it, too? We have some indication from history, particularly that of Nazi Germany, that such pitiless tactics are effective at breaking the will to resist of even very principled people. The defence of our lives and rights may well, against such invaders, require the use of political violence. Under such conditions, Walzer says, adherence to pacifism might even amount to “a disguised form of surrender.”
Pacifists respond to this accusation of “unworldliness” by citing what they believe are real world examples of effective non-violent resistance to aggression. Examples mentioned include Mahatma Ghandi's campaign to drive the British Imperial regime out of India in the late 1940s and Martin Luther King Jr.'s civil rights crusade in the 1960s on behalf of African-Americans. Walzer replies curtly that there is no evidence that non-violent resistance has ever, of itself, succeeded. This may be rash on his part, though it is clear that Britain's own exhaustion after WWII, for example, had much to do with the evaporation of its Empire. Walzer's main counter-argument against these pacifist counter-examples is that they only illustrate his main point: that effective non-violent resistance depends upon the scruples of those it is aimed against. It was only because the British and the Americans had some scruples, and were moved by the determined idealism of the non-violent protesters, that they acquiesced to their demands. But aggressors will not always be so moved. A tyrant like Hitler, for example, might interpret non-violent resistance as weakness, deserving contemptuous crushing.


4. Preemptive attack
5. Massive intervention

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