Defining a Just War

By Richard Falk

This article appeared in the October 29, 2001 edition of The Nation.

October 11, 2001

I have never since my childhood supported a shooting war in which the United States was involved, although in retrospect I think the NATO war in Kosovo achieved beneficial results. The war in Afghanistan against apocalyptic terrorism qualifies in my understanding as the first truly just war since World War II. But the justice of the cause and of the limited ends is in danger of being negated by the injustice of improper means and excessive ends. Unlike World War II and prior just wars, this one can be won only if tactics adhere to legal and moral constraints on the means used to conduct it, and to limited ends.

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The perpetrators of the September 11 attack cannot be reliably neutralized by nonviolent or diplomatic means; a response that includes military action is essential to diminish the threat of repetition, to inflict punishment and to restore a sense of security at home and abroad. The extremist political vision held by Osama bin Laden, which can usefully be labeled "apocalyptic terrorism," places this persisting threat well outside any framework of potential reconciliation or even negotiation for several reasons: Its genocidal intent is directed generically against Americans and Jews; its proclaimed goal is waging an unconditional civilizational war--Islam against the West--without drawing any distinction between civilian and military targets; it has demonstrated a capacity and willingness to inflict massive and traumatizing damage on our country and a tactical ingenuity and ability to carry out its missions of destruction by reliance on the suicidal devotion of its adherents.

There are three types of responses to the attack, each of which contains some merit and enjoys some support. None of them are adequate, however.

I. ANTIWAR/PACIFIST APPROACH The pacifist position opposing even limited military action overlooks the nature of the threat and is thus irrelevant to meeting the central challenge of restoring some sense of security among our citizenry and in the world generally.

Also, in the current setting, unlike in the civil rights movement and the interventionist conflicts of the cold war era (especially Vietnam), antiwar and pacifist stands possess little or no cultural resonance with the overwhelming majority of Americans. It may be that at later stages of the war this assessment will prove to have been premature, and even now Quaker, Christian, Gandhian and Buddhist forms of pacifism offer a profound critique of wars. These critiques should be seriously heeded, since they lend weight to the the view that the use of force should be marginal and kept to an absolute minimum. Certainly the spiritually motivated pacifist witness can be both inspirational and instructive, and help to mitigate and interrogate militarist postures.

Another form of antiwar advocacy rests on a critique of the United States as an imperialist superpower or empire. This view also seems dangerously inappropriate in addressing the challenge posed by the massive crime against humanity committed on September 11. Whatever the global role of the United States--and it is certainly responsible for much global suffering and injustice, giving rise to widespread resentment that at its inner core fuels the terrorist impulse--it cannot be addressed so long as this movement of global terrorism is at large and prepared to carry on with its demonic work. These longer-term concerns--which include finding ways to promote Palestinian self-determination, the internationalization of Jerusalem and a more equitable distribution of the benefits of global economic growth and development--must be addressed. Of course, much of the responsibility for the failure to do so lies with the corruption and repressive policies of governments, especially in the Middle East, outside the orbit of US influence. A distinction needs to be drawn as persuasively as possible between inherently desirable lines of foreign policy reform and retreating in the face of terrorism.

About Richard Falk

Richard Falk, professor emeritus of international law and practice at Princeton University, is the United Nations Human Rights Rapporteur in the Occupied Territories and a member of the Nation editorial board. He is the author of many books, including The Costs of War: International Law, the UN, and World Order After Iraq. more...
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