Rethinking War

July 18, 2008

At the beginning of this 21st Century the West has found itself confronted by the challenge of war once again. Of course, war did not disappear at the end of the 20th Century, given the wars in the former Yugoslavia, the need to intervene in Sierra Leone and the international intervention in Kosovo to prevent another genocidal campaign taking shape, but instead we either shut our eyes (most of us) or thought it would go away and be the exception rather than the nowm.
However with the attacks on the USA and armed with a good understanding of human history, devoid of wishful thinking, we must begin to see that war has never been the exception. Even the 19th Century for Britain – regarded as a long stretch of peace was regularly punctuated by imperial wars, punishment expeditions and interrupted by the Crimean War. Indeed the great exception has proved to be between the member states of NATO and the European Union. Economic co-operation seems to have defused much of the normal tensions between states that lead to war.
War is the alternate norm throughout human history. Peace is preferred by all but not in all circumstances. I believe there is a Roman expression of “a bad peace is worse than no peace at all”, the remark being justified in the pernicious nature of that “bad peace” and in understanding the differing perspectives of human social groups and nations.

War does not morally or legally have to be justified as an act because it is an act that breaks through all the rules of law and life. The use of violence or war in order to achieve political ends is not stopped, as seems to be the delusion of the modern age, by the moral opprobrium of the “international community” nor by writs of illegality (as if that would actually mean anything). No, war as a means of breaking the status quo, of defence or aggression, is only stopped in the short term by the threat of war.
There is talk of using sanctions, of depriving the warring parties of the essential supplies or credit, yet this notion is vulnerable on the count of politics and on practicality. If in the case of one nation going to war with another, it is doubtful that the international community would stand together to stop the fighting by direct means and as we have seen with many wars, notably the Arab – Israeli wars, the notion of dictats from the great powers ending fighting immediately is both hostage to the interests of those powers but also to the willingness of one nation to gamble on a quick victory.
War was waged between Ethiopia and Eretria for years with routine condemnations but no action. Yet it is possible with a sufficiently capable military, political will and luck to conduct a rapid war with the aim of forcing the other side to acquiese to certain demands. It is not international law that limits war but the interests of the great powers and ultimately the willingness of those nations to bring into sway, their own military force.

There then arises the question of what does the great power intervention actually seek? Is it only required to restore the status quo pre-bellum? Would that actually be an act of injustice, if say one nation had attacked to liberate a people living in another state and suffering persecution? Would the great power seek to overthrow the government of the aggressor state and would it be capable of persuading the defending country to accept a political settlement dictated by the great power? And there remains the danger of a wider war between great powers taking opposite sides, which may necessarily limit the capacity for intervention.

It remains my contention that war as an act becomes a radical fact. It overrides all legal certainties because by the nature of the instrument of war, here called the sword, it can physically break the practises of law. Law is incapable of binding the total practise of war as legal potency is guarenteed and quantified by the threat of force. In civil law, the strength of the word of the law is matched by the strength of the state’s ability to enforce the law. In military law, the only factor holding back the unrestricted practise of war is the morality of the combatants.
Yet, we find a distinct need to regulate and discipline behaviour of combatants. Regulate remains the correct term, but we find that the regulation is not externally imposed but is to be found within the internal martial codes of the combatants. The destructive moral capacity of violence must be contained in order that it does not overwhelm all social order and it here that I come to the restrictive capacity of self-interest. In a hypothetical study, we might look at the warbands of warriors roaming the fallen Western Roman Empire. In a certain sense there is nothing stopping those warbands from looting, killing and destroying – except that they are limited by two factors innate to themselves as human beings.
The first is the economic factor. Without the peacetime economy, the warbands would eventually starve. In the modern world, the costs of war in economic terms have steadily risen. We are constantly surprised by our capacity to absorb those costs, yet a breaking point comes. Israel is regarded as a militarist state by some, yet its capacity for war is limited to small scale operations which can be waged almost indefinately and the full scale war mobilization. But Israel’s economic capacity is placed as the wager in a full scale war; not only is the bulk of the male and a large degree of the female population called up for service, but the economic infrascture is often on the frontline. Israel’s capacity for war is thereby limited by both ability and self-interest. The Soviet Union, one of the great amoral states of the modern world economically could not afford the arms build up with the USA and her western allies, but further bankrupted a further factor in its capacity to wage war during the intervention in Afghanistan.
This factor is the second in this equation and the fundamental part in it is the human heart, but it is manifest in an unbelievably wide variety of ways. The Soviet Union exhausted its moral capacity for war; too many young men came back mentally exhausted and too many families felt the burden. For a state or a social group to wage war, even in the short term, the population must feel the need to risk war. For a warband, eventually they will want to stop, claim lordship, raise families and be secure, as the only security of the warband is in arms. We as human beings find more means of security beyond arms when we are settled. Arms are the only means of decisively breaking those bonds of security, yet their practise is limited by our moral capacity.

Christianity and Judaism rightly began to compress our moral capacity for war, since war’s destructiveness to the human soul is manifest. We in the west hold strong qualms about waging war and feel disgust for the aggressive, greedy waging of war: this can be seen in the false but potent accusations of “grabbing their oil” cast at the US and her allies over Iraq. We believe in war as the last resort, yet never ask ourselves when the last resort has come and feel uneasy over whether the question is worth the last resort. It would be foolish to go to war over an inconsequential issue, yet it has happened. Thucydides said that logic was rarely a deciding reason for war, yet it is logic we bring to the conflict in order to defuse it, or perhaps encourage it.
War is about the most complex of human social interactions, constantly changing and chaotic in nature. It is not just wrong to attempt to legislate absolutely for war and expect to pin it down as one might in a court case. War may often demand what seems abhorent until the consequences are considered and then the alternatives may seem more so, even if perhaps passively.

The Great Conceit and Mistake of Western Intelligensia

June 4, 2008

Growing in nascent form but taking a fuller shape since September 11th has been the refusal of Western intellectual elites, mostly liberal but not exclusively so, to recognize the state of war declared by radical Islam on the West. Counter-arguments on the state of affairs have varied from “It’s not our war”, “It needs a police action, not a war” to “this war was started by the (insert shadowy Jew-related group here)”. All of which betray an essential flaw in the thinking that has come to dominate the mainstream of the intelligentsia, that is to say that the Western intelligentsia cannot bring themselves to recognise an enemy from outside of their own society. Motives other than malign are arrogantly attributed to our enemies in order to remove the possibility from their minds that these people might not have a legitimate grievance against the West that we can safely acknowledge.
The aims of the Islamists are declared and publicly so. The aims are to dominate the West and eradicate the culture of freedom, to spread a fiery and intolerant faith to all corners of the world, and though they differ as to the ultimate timing, the elimination of all Jews (oh, and Hindus, Atheists, Buddhists, Muslims who don’t do exactly as they are told by the Islamists, Sikhs, and any other faith or lack of it or lack of sufficient Muslim piety…). This is not an enemy with which one can reason but rather an enemy that interprets anything other than military action as weakness allowing further aggression.
This does not mean that the Islamists are stupid – far from it. Crazed sadists, yes, but they know how to exploit the malaise of the intellect in the West. Notice that each act of aggression is marketed to the West as an act or revenge or protest, most often dressed up as a “protest” about the “occupation in Palestine” but also aimed at foreign policy, cultural outlook and policy or anything where the appeal will fall to guilt and create inertia or retreat. The Madrid bombings were in reality about punishing Spain both for contributing troops to Iraq but especially to begin the Muslim reconquest of Spain by putting the Spanish on notice as to their fate for daring to be independent in the 15th Century. The Islamist problem is with Israel, not with the location of its borders; in their world, Israel must not exist at all.
And furthermore, by our refusal recognise their aims, by refusing to recognise them as enemies that must be fought and killed until they surrender, we facilitate that aim. There is no backing away from this fact; the Islamists have been emboldened by each retreat and compromise, each time treating the terrorist movements and states as normal entities and insisting on applying the rules only to ourselves.
There is a saying: We can only bend the rules so far before they come around and stab us in the back.

Revoke the Additional Protocols

March 19, 2008

The additional Protocols to the Geneva Conventions must be revoked by the UK. As international law is constituted as a series of treaties, given the legal history of inter-nation treaties, a treaty may be revoked at any time.
The protocols are ridiculous and idealistic, rather than pragmatic. These ‘extensions’ of international law seek not to limit the capacity of states for behaviour in wartime but to regulate war and ultimately to make the conduct of war impossible, especially against an irregular, non-uniformed force, such as a terrorist movement (see leges non coget ad impossiblia). There are two arguments that spring immediately to mind.
The first is that this attempt to regulate war into a state of impossibility is immoral and legally nonsensical, the latter statement coexists with the second point; which is that the idea is completely impractical, especially in seeking to control the behaviour of states that will pay no heed to their signed treaties (the Conventions). It hands an immediate advantage to any terrorist or non-uniformed armed group, since the text of Protocol 1 allows a terrorist fighter to immediately drop his weapon and be legally counted as a civilian. He cannot therefore be tried as an illegal combatant (by not being in uniform, since P1 allows him to shed that obligation), nor can he be tried for criminal offenses as a civilian under arms, since for the period he was armed, he counts legally as a combatant.
By this logic an Al-Qaeda terrorist in Iraq can shoot an RPG at a US or Iraqi post but once dropping the weapon cannot be shot, since he counts as a civilian. This is a nonsense designed by the Soviet Union to legitimize the armed ‘resistance’ movement controlled from Moscow, now exploited knowingly by the West’s enemies in the field.
I can only praise the common sense of the US not to ratify P 1 and 2, and Israel never to sign the damn thing in the first place.

How to deal with terorists

March 19, 2008
Fantastic journal: Middle East Quarterly. Another must read article – see I was right! The West is entitled to try and shoot those terrorist scum under military law and the Geneva Conventions!