Monday, November 12, 2007

Jus in bello?



Jus in bello means "justice in war" and it is one of the principles of the just war theory that has, for centuries, been widely accepted in international relations.

This concept is such that nation-states agree to adhere to certain principles and practices when engaged in war with another/other nation-state(s)...such as offering fair treatment of POWs, engaging in proportionality (that is, an eye-for-an-eye, not a heart-for-a-fingernail sort of thing), limiting civilian casualties, and so forth.

I've been thinking about how in "our" latest campaign in the Mideast, we have either deliberately ignored this principle, or we've tried to find stealth ways around it. Obviously, there is the infamous scandal involving prisoner treatment at Abu Ghraib, as well as prisoner treatment and alleged torture practices at Guantanamo, Cuba, to what I, and many others, would consider unacceptable civilian casualties (iraqbodycount.org shows documented body counts at somewhere between 75-82,500 since 2003). All the while, the lofty goal of establishing an operational democracy has remained elusive and militia in-fighting is worse than ever.

These thoughts bring me back to the idea of American exceptionalism. Why do we think that we can slap some moralistic moniker on a military operation, and justice goes out the window along with geniune morality? We can say we want to spread democracy and our supposedly universal values, and on that basis, the ends we employ justisy the means. Torture is an acceptable reality of the interrogation process because it is assumed that every last one of "these guys" will stop at nothing to anihilate the American people, even if the grounds for such assumptions are shaky at best. Why do taxpayers spend ridiculous amounts to employ the likes of Blackwater to provide security for every Tom, Dick, and Harry from the States, when their are untold numbers of Iraqi civilians who REALLY need protection?

Sadly, the list goes on. The point is, the means that are being employed are counterproductive if the ends being sought are those that have been publicly espoused. Too, these gentlemanly principles of war ought not be viewed as purely symbolic, but as ethical constraints and rights of all people.

Jus in bello is a lovely idea. It should be respected by every nation-state. For us, however, only when convenient.

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