The calculus of cruelty: when does an atrocity justify military intervention?

“ The justifiable causes generally assigned for war are three, defence, indemnity, and punishment, all which are comprised in the declaration of Camillus against the Gauls, enumerating all things, which it is right to defend, to recover, and the encroachment on which it is right to punish. ”

“ Nothing is easier than to write a treatise setting forth the wickedness of wantonly bringing on a great society the miseries inseparable from revolution, the bloodshed, the spoliation, the anarchy. Both treatises may contain much that is true; but neither will enable us to decide whether a particular insurrection is or is not justifiable without a close examination of the facts. ”

“ They had attempted to show that, even if revelation had been silent, reason would have taught wise men the folly and wickedness of all resistance to established government. It was universally admitted that such resistance was, except in extreme cases, unjustifiable. And who would undertake to draw the line between extreme cases and ordinary cases? Was there any government in the world under which there were not to be found some discontented and factious men who would say, and perhaps think, that their grievances constituted an extreme case? ”

“ Much is done under the name of “good offices,” whether in the form of mediation or intercession,—and much also by military power, whether in the declared will of superior force or directly by arms. Recognition of independence is also another instance. Intervention in any form is interference. If peaceable, it must be judged by its motive and tendency; if forcible, it will naturally be resisted by force. ”

“ If only three or four people die, it could be argued that somebody could have been carrying around a bag of chemical agent and dispersed it, as happened in the Tokyo underground a good number of years ago. But when there are not just 300 people dying, but more than 3,000 people treated by Médecins Sans Frontières, clearly this was a massive chemical weapons attack which required rockets and a capability which, as we have heard, no one else in Syria has now or is likely to have in the short to medium term. ”

“ This, a just criticism at the time, became inaccurate when the Allies reacted, methods of protection developed, and the specific tactical uses of gas were realised. The view of the peculiar atrocity of gas has outlived the truth of war experience with regard to it. We agree that chemical warfare is atrocious. But it is no exception, for thus are all the aggressive methods of warfare. Indeed, when we attempt to interpret atrocity in terms of available casualty statistics, we find that gas is slightly less atrocious than the other weapons. ”

“ If there were an exact and universal scale of crimes and punishments, we should there have a common measure of the degree of liberty and slavery, humanity and cruelty of different nations. ”

“ I must say, extreme justice is an extreme injury: for we ought not to approve of those terrible laws that make the smallest offences capital, nor of that opinion of the Stoics that makes all crimes equal; as if there were no difference to be made between the killing a man and the taking his purse, between which, if we examine things impartially, there is no likeness nor proportion. God has commanded us not to kill, and shall we kill so easily for a little money? ”

“ My sister's bringing up had made me sensitive. In the little world in which children have their existence whosoever brings them up, there is nothing so finely perceived and so finely felt as injustice. It may be only small injustice that the child can be exposed to; but the child is small, and its world is small, and its rocking-horse stands as many hands high, according to scale, as a big-boned Irish hunter. Within myself, I had sustained, from my babyhood, a perpetual conflict with injustice. ”

“ The retributive theory is perhaps a survival of the primitive notion that blood demands blood. Resentment at the sight of wrong-doing and desire that the doer be punished are attributable to the fact that punishment leads to amendment. Consider it apart from its effects, and there is no moral justification for the infliction of pain. If punishment were an end, its amount should be determined by the crime. But moral guilt and physical pain are incommensurable; the amount of pain appropriate for any crime is incapable of estimate. ”

“ In that which I now propose, we will discard the interior points of this tragedy, and concentrate our attention upon its outskirts. Not the least usual error, in investigations such as this, is the limiting of inquiry to the immediate, with total disregard of the collateral or circumstantial events. It is the mal-practice of the courts to confine evidence and discussion to the bounds of apparent relevancy. Yet experience has shown, and a true philosophy will always show, that a vast, perhaps the larger portion of truth, arises from the seemingly irrelevant. ”

“ The more outré and grotesque an incident is the more carefully it deserves to be examined, and the very point which appears to complicate a case is, when duly considered and scientifically handled, the one which is most likely to elucidate it. ”

“ I am above the weakness of seeking to establish a sequence of cause and effect, between the disaster and the atrocity. ”

“ They are also far more accessible to morally depressing influences than compacter bodies of troops, and may prove dangerous to the strategy of their own leaders, if supplies run short, if discipline breaks down, and the commander loses his authority over the masses which he can only rule under regulated conditions.
The increased effectiveness of weapons does not merely imply a longer range, but a greater deadliness, and therefore makes more exacting claims on the moral of the soldier. The danger zone begins sooner than formerly; the space which must be crossed in an attack has become far wider ”

“ The scientific or technical initiative, the invention of a deadly new chemical, wireless-directed aeroplane, or other war appliance and their incidence on war through large scale production in the convertible industries of peace constitute a challenge which, if unanswered by practical schemes for world disarmament, will render the latter worse than useless, by aggravating the danger of sudden decisive attack in an otherwise disarmed world. ”

“ Armed intervention is war, and nothing less. Of course it can be vindicated only as war, and it must be resisted as war. Believing, as I do most profoundly, that war can never be a game, but must always be a crime when it ceases to be a duty,—a crime to be shunned, if not a duty to be performed swiftly and surely,—and that a nation, like an individual, is not [Pg 85] permitted to take the sword except in just self-defence,—I find the same limitation in armed intervention, which becomes unjust invasion in proportion as it departs from just self-defence. ”

“ But it can never be forgotten, that, where one side is obviously fighting for Barbarism, any intervention, whatever form it takes,—if only by captious criticism, calculated to encourage the wrong side, or to secure for it time or temporary toleration, if not final success,—is plainly immoral. If not contrary to the Law of Nations, it ought to be.
Intervention in the spirit of peace and for the sake of peace belongs to the refinements of modern civilization. Intervention in the spirit of war, if not for the sake of war, has filled a large space in history, ancient and modern. ”

“ All our jurists bold that a certain quantity of risk to life or limb justifies a man in shooting or stabbing an assailant: but they have long given up in despair the attempt to describe, in precise words, that quantity of risk. They only say that it must be, not a slight risk, but a risk such as would cause serious apprehension to a man of firm mind ”

“ Since von Bernhardi’s book may not be accessible to every reader of this article, I will begin by giving some idea of the situation as it appears to him, and of the course of action which he foreshadows and recommends.
He begins his argument by the uncompromising statement that war is a good thing in itself. All advance is founded upon struggle. Each nation has a right, and indeed a duty, to use violence where its interests are concerned and there is a tolerable hope of success. ”

“ As in other cases of intervention, the recognition may be armed or unarmed, with an intermediate case, where the recognition may seem unarmed, when in reality it is armed,—as when France simply announced recognition of the independence of the United States and at the same time prepared to maintain it by war. ”

“ So too a nation engaging in an unjust war, the injustice of which she292 knows and ought to know, becomes liable to make good all the expences and losses incurred, because she has been guilty of occasioning them. In the same manner those powers, who become auxiliaries in wars undertaken without any reasonable grounds, contract a degree of guilt and render themselves liable to punishment in proportion to the injustice of their measures. Plato approves of war conducted so far, as to compel the aggressor to indemnify the injured and the innocent. ”

“ XXVIII. A thing is done contrary to the very essence of all peace, when hostile aggressions are committed without any new grounds of war. But where any specious pretext can be assigned for taking arms, it is better it should be supposed purely an act of injustice, than an act of injustice accompanied with perfidy. It is hardly necessary to quote the words of Thucydides, who says, "it is not the party, who repels force by arms, but the power who first makes the attack, that violates a peace." ”

“ Though it must be confessed, that when an assailant seizes any weapon with an apparent intention to kill me I have a right to anticipate and prevent the danger. For in the moral as well as the natural system of things, there is no point without some breadth. But they are themselves much mistaken, and mislead others, who maintain that any degree of fear ought to be a ground for killing another, to prevent his SUPPOSED intention. It is a very just observation made by Cicero in his first book of Offices, that many wrongs proceed from fear ”

“ We had not even the satisfaction of knowing that we had inflicted as well as endured punishment, for the enemy remained throughout the day so cleverly concealed that it is doubtful whether more than a hundred casualties occurred in their ranks. Once more it was shown how weak an arm is artillery against an enemy who lies in shelter. ”

“ Superiority at the decisive point is the crucial test. This superiority is attained by means of an unexpected concentration of forces for attack, and there is no reason why the superiority in artillery should not also be brought about in this way. If by superior tactical skill two army corps, each with 96 guns, combine against a hostile army which brings 144 guns into action, that signifies a superiority of 48 guns and a double superiority in infantry. ”

“ If we agree to the above-mentioned proportion of breadth and depth in an infantry attack, we shall be driven to insist on a reduction of artillery as compared with the past; but should we think that modern artillery helps the attack, especially by indirect fire, we must advocate, from the standpoint of offensive warfare, an increase of the artillery. Actual war experiences alone can find the true middle path between these two extremes. ”

“ A reason for which it will be necessary to guard against things, which fall not within the original purpose of an action, and the happening of which might be foreseen: unless indeed the action has a tendency to produce advantages, that will far outweigh the consequences of any accidental calamity, and the apprehensions of evil are by no means to be put in competition with the sure hopes of a successful issue. ”

“ And so, in politics, it is the sure law that every excess shall generate its opposite; nor does he deserve the name of a statesman who strikes a great blow without fully calculating the effect of the rebound. But such calculation was infinitely beyond the reach of the authors of the Reign of Terror. Violence, and more violence, blood, and more blood, made up their whole policy. ”

“ It is much more difficult to recede from a scale of expenditure once adopted than it is to extend the accustomed scale in response to an accession of wealth. ”

“ The main burden of local defense against local attack, subversion, insurrection or guerrilla warfare must of necessity rest with local forces. Where these forces have the necessary will and capacity to cope with such threats, our intervention is rarely necessary or helpful. Where the will is present and only capacity is lacking, our Military Assistance Program can be of help.
But this program, like economic assistance, needs a new emphasis. It cannot be extended without regard to the social, political and military reforms essential to internal respect and stability. ”

“ As a measure simple and practical, obnoxious to no objection, promising incalculable good, and presenting an immediate opportunity for labor, I would invite your coöperation in the effort now making at home and abroad to establish Arbitration Treaties. If in this scheme there is a tendency to avert War,—if, through its agency, we may hope to prevent a single war,—and who can doubt that such may be its result?—we ought to adopt it. Take the initiative. Try it, and nations will never return to the barbarous system. They will begin to learn War no more. ”