Israel and the Just War Doctrine


I write today a response to Jeff Martin’s criticism of Israel with respect to the Catholic just war doctrine. I do think he’s in error, because he gives the facts a cursory glance and omits key details, but that only leads to my main criticism: I think he shows a bias against the Israeli side of the war.

Firstly though, I address the Catholic Church’s just war doctrine. Now let me start off by saying I have no ties with the Catholic Church, nor do I subscribe to its teachings, so for me this is purely an academic exercise. But to me it is clear that the “conditions for legitimate defense” are met by Israel in this case. Point by point:

  • “The damage inflicted by the aggressor on the nation or community of nations must be lasting, grave, and certain.” It is.

    According to Wikipedia, hardly a source biased in favor of Israel, five rockets were fired at Israeli civilians in March 2007 and 103 more in May, marking the true beginning of the Nazi V2-style terror campaign against Israeli civilians. The rockets continued to fall since that point, through 2009. There was a lull though, when September saw 3 rockets, and October one rocket barrage only. However last month, in December 2008, the pace grew worse. In December there were (“at least” says Wikipedia) 50 rockets were fired before a six-month cease fire was even ended, and then after that period actually expired, and then after that at least 270 more rockets were fired at Israel from Gaza.

    When an enemy fires hundreds and hundreds of lethal rockets at you, that is a grave threat to the populace. Nobody doubts that the rockets were fired, as Hamas even claims responsibility for some of the attacks, so the threat is certain. Further, the attacks have come over a nearly two year period, with no signs of an end (as during the previous cease fire hundreds over 200 rockets were fired in total), so the threat is certainly lasting.

  • “All other means of putting an end to it must have been shown to be impractical or ineffective.” They have.

    Sealing off Gaza from Israel did not protect Israeli citizens when rockets and mortars began. Giving Hamas its own territory to control, and allowing it to win an election, did not stop the attacks. Making a diplomatic agreement with Hamas, in the form of a cease fire, did not stop the attacks. No matter what Israel does, the attacks continue.

    This is not surprising, given that Hamas refuses to recognize that Israelis have a right to live in Israel. This is an irreconcilable difference that Hamas refuses to leave unresolved. They press the issue and Israel cannot stop that with words.

  • “There must be serious prospects of success.” I submit that the only way Israel could be stopped from winning this conflict, given their likely nuclear weapons capacity, is that the humanity and compassion of the IDF and Israeli leaders would prevent them from killing the terrorists at any civilian cost. This is, of course, a sharp contrast with the Hamas leadership, which shows no care when it kills Jewish civilians. Israel can win.

  • “The use of arms must not produce evils and disorders graver than the evil to be eliminated. The power of modern means of destruction weighs very heavily in evaluating this condition.” I don’t think you can get much worse than a continuous rain of rockets on civilians without venturing into the realm of chemical, biological, radiological, and nuclear weapons, which Israel shows no signs of using in this conflict.

    This isn’t like the hypothetical situation of the US and Canada shooting each other’s fishermen in response to a fishing resource dispute, or Japan nuking Moscow over the Kurile Islands/Northern Territories. No, Israel is responding with force to force already been used. This is no hypothetical threat or some non-military evil that is being responded to with military force.

The facts are not in dispute. The only problem is though, is that Maximos (as Jeff Martin long posted as at RedState) fails to analyze the entirety of the facts. No, he doesn’t even talk about the length and intensity of Hamas’s attacks on Israel, merely saying that he “could go either way” on whether the threat Hamas already has and continues to pose against Israel is enough to meet the standard.

This takes me to my second point: bias. I submit that Maximos comes to the conclusion he does, because he has a subtle bias against Israeli’s side of the war. He appears to have a blind spot to anything Hamas does. The clearest example of this is the fact that the article he wrote even exists. That is: he only bothers to write about this dispute when Israel does something he doesn’t like.

He completely ignores Hamas when they spend nearly two years attacking Israel. They never got called out for disobeying the Just War Doctrine. I just checked: of all the articles tagged Just War at What’s Wrong with the World, the only one that pops up is his criticism of Israel. A check of other tags on the post does find a criticism of Hamas and ‘Palestine’, but that comes from Paul Cella, not Jeff Martin.

Why does he never notice Hamas attacking Israel, but chimes in to criticize when Israel attacks Hamas? I don’t know. Maybe Maximos is influenced by a mainstream press corps that has the same bias. Given that his article uses mainstream press outlets to make his case, that seems likely.

It’s almost as though while I treat the just war doctrine as an academic exercise, he’s treating the attacks Israeli’s suffered as an academic exercise. He’s detached, and I believe he might be too detached to come to the correct conclusions. Any analysis of Israel’s actions, whether from a Catholic or any other perspective, must include a full view of the entire picture. Omitting the story of what Hamas has done, and has shown it will do, of course will show Israel in the wrong, but hidden biases and blind spots do tend to lead a person to the wrong conclusions.


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Psychological Propaganda

Scope (Diary) Monday, January 5th at 7:30AM EST (link)

Israel is fighting one war inside the Gaza borders with Military and weapons, and I pray for their success in combating an evil that will never allow them to live in peace, as a peaceful people. The bigger war is outside of those borders with the phychological propaganda against them, much as the North Vietnamese won the war with weakening the American population resolve, by telling us we could not win, despiye the fact that we were winning. Didn’t Walter Cronkite report that the war was at a stalemate, contrary to what our Military leaders were telling us. Also, didn’t the North Vietnamese military commander tell us if we had not surrendered on the day we did, the next day they were going to surrender? LBJ couldn’t deal with the Anti-War phychologically controlled protesters.

As far as the Catholic views of war, they also don’t believe in birth control either, everything is in God’s hands, I know I was raised a Catholic. I prefer to believe that God helps those that help themselves. Israel is helping itself.

Just War has no problem with fighting back against those who have declared war against you

Beaglescout (Diary) Monday, January 5th at 7:44AM EST (link)

Hamas declared war against Israel at its founding and continues in a constant state of war ever since.

“A nation which can prefer disgrace to danger is prepared for a master, and deserves one.”

–Alexander Hamilton
 

Huh?

Crowe (Diary) Monday, January 5th at 9:20AM EST (link)

Sir, I’m really curious why birth control came into your last statement?

(A rhetorical question, really, since it would be a threadjack if this was seriously pursued here…)

God helps everyone; those who don’t screw themselves up with regularity because they are focused squarely on their own navel notice it better because they aren’t working against and ignoring God’s incessant attempts to help.

And in circles like RedState, where there is more than one knowledgeable and committed (and happily so) Catholic involved, “I know I was raised a Catholic” [sic] falls a wee bit short of compelling grounds for a trustworthy testimonial.

All that aside, Neil’s post is, IMHO, spot-on with regard to Catholic just war doctrine and Israel’s current situation… I’m likely a decent interlocutor in this one: I studied Catholic just war doctrine during my three years in seminary.

“We sleep soundly in our beds only because rough men stand ready in the night to visit violence upon those who would do us harm Dear Leader Obama gives us leave to do so.”

I'm a female not a Sir

Scope (Diary) Monday, January 5th at 3:44PM EST (link)

I am not trying to jack the thread, and turn this into a Catholic religion debate or discussion, but, to answer- I say the Catholic religion doesn’t believe in birth control, and has taught (me for example) that just have all the children God gives to you and he will take care of you and provide for you and the children. For the Catholic church and the pope in particular to believe that Israel must have serious prospects of success (anything can and will happen in the execution of a war to change the outcome) and the use of arms must not produce evils and disorders greater than those evils to be eliminated (who decides what evil is, Hamas? or the Israelis that are trying to save their own citizens and sovernity). In other words if those 2 conditions are not guranateed before the conflict- stay home Israel and God will protect and care for you. Hence, my observation- God takes care of those who take care of themselves.

Even those who choose to stare at their navel all day, and according to you ignore the good that God does. Those exact attitudes and opinions sir is exactly why I no longer consider myself a Catholic.

You've eliminated the goal posts...

Crowe (Diary) Monday, January 5th at 4:51PM EST (link)

Catholic thinkers (chiefly Ambrose, Augustine, and Aquinas) developed and refined what we know as the just war doctrine to guide secular authorities in how and when to engage in armed conflict. You, yourself, and not the Church, nuanced them to mean that the Catholic Church takes upon itself to determine when a war is just and what the Church says goes. And then you completely muddied the waters such that the criteria are impossible to meet, as though your interpretation of Catholic Just War doctrine really is what Catholic thinkers through the ages have taught…

But that simply isn’t the case. The lynchpin of the Catholic just war doctrine is the judgment and decision of the legitimate leader of a just, sovereign nation. That leader evaluates everything and makes a call. How well he evaluates the situation and the conditions, including those you discuss above, is between him and his advisors, and, ultimately, between him and God. You and I can opine all we like, but whether the threat is grave enough, whether there is a reasonable chance of success, whether the harm inflicted will be less than the harm sustained, etc., are all judgment calls left to the one(s) qualified, elected, in position to make that judgment.

You know just enough about Catholicism to get all hot and bothered by the partial explanations you’ve received and/or sought out (and bolt when you didn’t like them), but you don’t know enough actually to know the Church from within and fully understand her. I find that a common theme amongst “I was raised Catholic, but…” types.

Two quotes come to mind in re: your last line: “Catholicism has rarely been tried and found lacking, but it has frequently been found hard and not tried at all.” And “I know very few people who dislike the Catholic Church, but I know many who dislike what they mistakenly believe the Church to be.”

Peace.

“We sleep soundly in our beds only because rough men stand ready in the night to visit violence upon those who would do us harm Dear Leader Obama gives us leave to do so.”

 
 

BTW Crowe

Scope (Diary) Monday, January 5th at 3:56PM EST (link)

Speaking of the “Just War” positions, the popes did not agree that the Iraq War was a Just War, even though Hussein was killing his own citizens by the thousands, and the 9/11 radical islomofacists killed more than 3,000 of our citizens. How could the US gurantee success in Iraq when the radicals and the insurgents would come from areas even outside Iraq to insure we could not bring a free democratic way of living for people who had so long been suppressed. And, how would our use of arms bring more evil than that which we were trying to eliminate in Iraq?

http://catholicism.about.com/od/thechurchintheworld/f/popes_on_iraq.htm

Pope isn't infallible...

Crowe (Diary) Monday, January 5th at 4:37PM EST (link)

…on the matter of the just-ness or non of a war.

Whether the criteria have been met is left to the judgment of the legitimate leader of a just, sovereign nation. That’s the little-noted final part of the just war doctrine.

In a monarchy, that would be the king. In a democracy or republic, it’s up to the duly elected public officials empowered and charged with the common defense/good. So the final decision of whether or not the criteria have been met is up to the PM of Israel, just as the invasion of Iraq was up to President Bush, and not to Pope Benedict or John Paul II.

“We sleep soundly in our beds only because rough men stand ready in the night to visit violence upon those who would do us harm Dear Leader Obama gives us leave to do so.”

 
 
 
 

No arguments here...

CJB68 Monday, January 5th at 9:18AM EST (link)

   I seem to think that this fellow Maximos is like my great-aunt; not really bothering to look beyond what the MSM is telling her and, thus, getting caught up in the hysteria of the moment.  Not a peep about Hamas’s continuing rocket attacks over the past several months.

Delusional and Arrogant.  The Modern Democratic Philosophy.

 

Fine post, Neil, especially the conclusion

icbm (Diary) Monday, January 5th at 1:27PM EST (link)

“It’s almost as though while I treat the just war doctrine as an academic exercise, he’s treating the attacks Israeli’s suffered as an academic exercise. He’s detached, and I believe he might be too detached to come to the correct conclusions. Any analysis of Israel’s actions, whether from a Catholic or any other perspective, must include a full view of the entire picture.”

 

I agree

Aquinas (Diary) Monday, January 5th at 1:29PM EST (link)

with you on your analysis of the situation, Neil, but am unsure why you find this bias troubling more so than the typical one that exists. I have only seen one news station (out of CBS, NBC, ABC, NBC, CNN, MSNBC, and FOX) actually favor Israel while the others all were clearly biased on the side of Hamas (of course there is no asking for journalistic neutrality anymore since that corpse has been rotting for years). This particular “inability” to grasp the real threat Hamas poses and has continued to pose resides in anyone who simply doesn’t like Israel or likes militant Islamic groups.

Secondly, while as a Catholic I appreciate your giving credit to the Church on this one (since the earliest extensive formulations of JWD were formulated by Church theologians, e.g. Augustine and Aquinas, that’s not even needed.

Surprising as it may be to some (though less to others with an understanding of the Left’s hijacking of Church doctrine), secular ethicists have jumped on the Just War idea and it is now its own philosophically viable theory separate from any “inconvenient” religious ties. For example, the Left cited the secular Just War Doctrine against the Iraq War to redundancy as if the doctrine were something assumed inherent in all rational people.

It’s always those who cannot think critically who try to steal others’ ideas and represent them within their own framework, not realizing that the ideas were formulated within a specific philosophical framework that enhances and explains the ideas better than any other (and yes this applies to any issue hijacked by the Left, including birth control).

Thanks for the great post.

To toil and not to seek for rest.
A.M.D.G.

 

The deficiency of the legal approach to war

icbm (Diary) Monday, January 5th at 1:31PM EST (link)

Here’s an excerpt from an insightful paragraph from Contentions blog that builds off of your conclusion, Neil. I found it an excellent summary of the fundamental deficiency of the legal approach to war.

“It is obviously necessary to combat accusations that a nation is violating the laws of war for having the temerity to defend itself. Yet in doing so we often fail to question a central assumption of the lawfare crowd; that the conduct of war should be subject to a hairsplitting recitation of legal niceties, that the justness of a nation’s conduct in defending itself should not revolve around issues of morality or commonsense, but rather whether this conduct meets a supposed legal definition enumerated in an antiquated section of a particular international convention or military code. This is not a challenge to the vital importance of the laws of war per se, nor an argument that a nation should intentionally violate them, but a concern that questions of war and self-defense not be reduced to a purely juridical discussion of legal definitions and interpretations. It is precisely such a misapplication of the laws of war that the lawfare crowd attempts to effect. In meeting their criticisms, it is important that we do not thoughtlessly accept the framework upon which their entire line argument depends; that there is a clear, unambiguous body of well defined legal principles that control the practice of war, and that the sole justification of any military action is not whether it is right or wrong in the moral sense, not the real world consequences and costs of doing otherwise, not the practical realities that govern a nation’s ability to survive and protect its people, but rather whether a certain military action meets a certain alleged legal definition, consequences be damned.”

http://www.commentarymagazine.com/blogs/index.php/totten/48801?cp=6 (comment by ian)

 

FAR LEFT LOVES HAMAS TERRORISTS

The_Historian (Diary) Monday, January 5th at 7:00PM EST (link)

However, the reasons are not so obvious.

http://greensrealworld.blogspot.com/2009/01/far-left-loves-hamas-terrorists.html

 

When someone puts a gun to your head

Steve W (Diary) Tuesday, January 6th at 11:54AM EST (link)

You can assume several things:

  • The gun is a toy.
  • The gun while real, has no bullets.
  • The gun while real, and the bullet while real, is a dud.
  • The gun while real, with real bullets, can do me serious damage.

The Just and reasoned response to the situation is different for each of the different possibilities above – but if a police officer were to come on the scene at that moment what would they assume – and how would they respond?

Now, lets flesh out the scenario – let’s say that prior to the scene above, you’ve heard that ‘someone’ proclaim to the world how much they hate you and your family, and you saw the ‘someone’ load the gun in your presence (and show you additional boxes of ammo that they have available), then they proceed to use the gun to kill your spouse and children before your eyes. What does that do to your list of assumptions?

This is the situation with Israel and Hamas. Hamas has continually loaded the gun – has continuously used the gun to bring destruction to those around you – and is continuing to hold the gun to Israels head.

From there, should you

  • Plead for them to put the gun down – for now?
  • Plead for them to shoot the next guy – not you?
  • Plead for them to stop loading the gun?
  • Hope that a sniper takes them out before they take you out – and STOPS THEM FOR GOOD?

The ultimate determinant in the struggle now going on for the world will not be bombs and rockets but a test of wills and ideas-a trial of spiritual resolve: the values we hold, the beliefs we cherish and the ideals to which we are dedicated.
- Ronald Reagan

 

This is an excellent stuff for reading.

Rod_Patrick (Diary) Tuesday, January 6th at 12:04PM EST (link)

I read it twice, Neil and I totally agree with your analysis and rebuke of Jeff Martin’s idea on the subject.

Thanks, bro.