Saturday, July 27, 2013

Drones and the concept of the "Just War".


SOME CHRISTIANS seeking moral guidance about drone warfare find enough clear teaching in Jesus’ command to love our enemies and respond to conflict with principled, active nonviolence. [I would really like a Bible quote on that. Does this mean that Christians must never fight back against any attack that they must accept defeat, despoliation and slavery at all times? I don’t remember Jesus saying that back when I went to Sunday school. And what is a tactic of principled, active non-violence? It was very useful on the Edmund Pettis Bridge in Selma Alabama in 1965, to make Americans see the error of their ways in the context of segregation. Not so useful at the lip of the mass grave at Babi Yar in the Ukraine in 1942.] Other Christian traditions, seeking to restrict and limit warfare, have developed principles of “just war,” which deem certain acts of war immoral and illegitimate.

The Principles of Just War

 A just war can only be waged as a last resort. All non-violent options must be exhausted before the use of force can be justified.

A war is just only if it is waged by a legitimate authority. Even just causes cannot be served by actions taken by individuals or groups who do not constitute an authority sanctioned by whatever the society and outsiders to the society deem legitimate.

A just war can only be fought to redress a wrong suffered. For example, self-defense against an armed attack is always considered to be a just cause (although the justice of the cause is not sufficient--see point #4). Further, a just war can only be fought with "right" intentions: the only permissible objective of a just war is to redress the injury.

A war can only be just if it is fought with a reasonable chance of success. Deaths and injury incurred in a hopeless cause are not morally justifiable.

The ultimate goal of a just war is to re-establish peace. More specifically, the peace established after the war must be preferable to the peace that would have prevailed if the war had not been fought.

The violence used in the war must be proportional to the injury suffered. States are prohibited from using force not necessary to attain the limited objective of addressing the injury suffered.

The weapons used in war must discriminate between combatants and non-combatants. Civilians are never permissible targets of war, and every effort must be taken to avoid killing civilians. The deaths of civilians are justified only if they are unavoidable victims of a deliberate attack on a military target.

Targeted killings by drones, which have become key elements of the Obama administration’s counterterrorism strategy, fail the test of morality on a number of grounds:

1. Targeted assassinations outside of legally declared wars violate international law, which prohibits a country from carrying out military attacks in or against the territory of countries with which it is not at war. Drone attacks in Pakistan, Yemen, and Somalia violate this prohibition.

We are not at war with Pakistan, Yemen or Somalia as nation states; we are at war with transnational groups (the various iterations of al-Queada for example) that say they represent the Islamic Ummah and make war on us in its name. This Jihad is meant to spread the House of Islam to the entire world, and it is the duty of all Muslims to support it in any way they can, either by fighting or donating money so the jihadis can get on with their work. Thus the transnational aspect of this war is presented by the jihadis and not by us. Since it is impossible for the jihadis to give up the duty to pursue holy war the war has and will continue. As it says in the Holy Koran (9.29): “Oh you believers, fight the unbelievers, namely the People of the Book (the Bible) who do not accept the Resurrection and the Recompense (heaven, hell) in the true way, and do not require stopping what God and his Emissary ordered stopped (the drinking of wine, or the eating of pork); they do not embrace the True Religion, i. e. Islam. Fight until they believe, or force them to pay the jizya (the poll tax levied on all non-Muslim men in lieu of military service) humbly and obediently, not grudgingly, so they contribute to the Islamic budget.”

2. They violate the sovereignty of other countries. The government of Pakistan has repeatedly objected to drone strikes on its territory, calling them a “clear violation of our sovereignty and a violation of international law,” but its concerns have been repeatedly ignored.

The government of Pakistan is truly bi-polar on this question, they allow safe haven to Jihadi groups on their territory so they may take on attacks against India and Afghanistan, and they seemed not to notice OBL in his safe house in Abbottabad for years. They only attack these groups, the “Red Mosque” is a good example, when their own power is under attack.

3. There is little transparency or accountability. CIA drones are remotely controlled, primarily from Air Force bases in the United States, with no clear accountability, and with the targeting sometimes based on dubious intelligence.

The accountability obviously is in the lap of the CIA and the Air Force which commands the drone force and has nothing to do with the physical placement of the pilots, if their command post were at Bagram Airbase how would that differ. As for dubious intelligence how does the author know this and how does she judge the quality of said intelligence. Since the Taliban and the Haqquani Network often tell about the death of a high ranking official in a drone strike maybe the intelligence is not as dubious as our author thinks.

4. They set a dangerous precedent. More than 70 countries now possess drone aircraft. While most of these drones are not armed, that is clearly the next step. The covert use of combat drones by the U.S. and the rapid expansion of the U.S. armed drone program represent escalations into a new kind of arms race.

As opposed to what previous kind of arms race, add to that the 100% of nations possessing fighter aircraft has that condition led to random aerial dogfights?

5. They foster a perpetual state of war. Without the risk to troops on the ground, it becomes too easy to use violent force to respond to conflict. “Force protection” has been one incentive to make war a choice of last resort. The use of unpiloted aircraft eliminates that consideration.

See the first note on a perpetual state of war as defined by the doctrine of jihad in Islam. But this is truly a curious concept; the US is to send an expeditionary force into Waziristan to rout out the Taliban forces rather than killing their leaders, by “remote control”? We sat on our asses throughout the nineties as we were attacked again and again, but since it was overseas we could live with it, 9/11 changed all that. If the author cannot see that drone war is a form of force protection there is little hope for her.


6. They kill innocents. Much is made of the alleged precision of drone strikes. Yet whether through faulty intelligence, mistakes, or a willingness to accept “collateral damage,” hundreds of innocent people, including children, have been killed in drone attacks.

Well that’s a new concept, civilians get killed in wars, who’d have thunk it! If you Google the bombing of Hamburg you will see human shaped piles of ash similar to the entombed of Pompey, in all likely hood they were civilians, raised from their beds at night before they went to the war production factories in the morning. War sucks, but there is no way to make it not suck, and as long as the concept of jihad exists this war will go on as it has for the last 1600 years.

7. They promote the concept of a global battlefield. The decision to define Sept. 11 as a “war on terror” rather than as law enforcement against criminals creates an endless and virtually unrestrained war across national boundaries. In a borderless battlefield, “just war” limits become meaningless and exit strategies impossible.

The Jihadis promote the concept of a global battlefield, if you have a problem with that talk to them, though I don’t advise it if you want to keep our head attached to your body. This has nothing to do with crime, this is an ideological, and may I say a theological fight at the deepest level. Of course just war limits are impossible, jihad makes it so!

8. Drones undermine U.S. security. Some have called them “al Qaeda’s best recruiting tool,” as drone attacks anger targeted populations and are a factor in fostering violent actions against the U.S.

This is the final level of nonsense, targeted populations, and these populations are nowhere near as targeted as the populations of Nazi held Europe during WWII. Muslims have only to give up the doctrine of jihad and we would have no problem with them. Till then the war will go on as it has for the last 1600 years.

Drone warfare—conducted by pilots thousands of miles away, disregarding national borders, unregulated by law, and lacking accountability by transparency or oversight—is a neither just nor moral way for the U.S. to respond to terrorist threats.

Duane Shank is senior policy adviser for Sojourners. A version of this appeared on the God’s Politics blog. Funny, I didn’t know God had a politics outside of Islam.

Links:

[1] http://sojo.net/magazine/2013/07

[2] http://sojo.net/biography/duane-shank

[3] http://sojo.net/magazine/2013/07/whats-wrong-drones#comment-covenant

[4] http://sojo.net/letter-to-the-editor?post=What%27s%20Wrong%20with%20Drones%3F

[5] http://sojo.net/donate

[6] http://sojo.net/sites/default/files/article/image/shutterstock_116570707.jpg


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