Chapter V: Objections from a Practical Point of View
Principles on Trial |
Moralizers | Dirty Hands and Practical Politics
The Imperative of Self-Defense
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THE IMPERATIVE OF SELF-DEFENSE
We can assume nothing where the
Communist leaders are concerned. We can trust nothing that the
Communist leaders say. We can accept nothing that the Communist
leaders sign as a conclusive guarantee.
-- BARRY GOLDWATER, Why
Not Victory?
Granted, a
strategist of the old school may argue: some of our international practices
are unsavory and go against our fundamental values. Granted, too, these
practices often injure us as much as others and reduce the chances for
collective action to overcome the threat of nuclear annihilation. But let's
be realistic. Barry Goldwater is right: trust is a luxury we cannot afford.
Besides, what alternatives do we
possess, this strategist might continue, to the policies we now reluctantly
endorse? Kant uttered his strictures in a less desperate period; now we are
dealing with adversaries who can wipe us out at a moment's notice. Because
they threaten our survival, we have to be able to disregard even fundamental
rules in sheer self-defense. We would be only too glad to play by those
rules if we could trust others to do the same. But the world has become too
dangerous for us to abide by principles that our adversaries violate at
will. We cannot disarm unilaterally when it comes to bribery,
disinformation, or violent destabilization of third-world nations, any more
than with respect to military defense.
In many nations at war or threatened by war,
strategists of this persuasion can be heard making the same argument:
"Dishonorable stratagems," to use Kant's phrase, may indeed erode
trust, undermine negotiations, and thus increase the risk to national as
well as joint survival in the long run. But a nation will put its values and
its safety even more directly at risk if it lowers its guard out of
misguided concern with moral niceties.
Few would quarrel with the need to be on
guard in a world as dangerous as ours. Nations need to exercise every ounce
of distrust that promotes their freedom and survival. It is certainly
important, moreover, for a government not to let the attacks or dirty tricks
of adversaries go unanswered, nor to be victimized by passively accepting
such policies.
Yet the need for extreme caution and for
responding to an adversary's unacceptable conduct does not by itself justify
repaying injuries in the same coin. Two wrongs do not make a right in
foreign policy any more than elsewhere. Forceful responses can take many
lawful forms, such as the use of sanctions, diplomatic protests, and
multilateral action. And though retaliation in kind against treachery and
violence may have its emotional appeal--the more so since those who violate
the rights of others invite disrespect for their own rights--it tends to
corrupt participants, heighten mutual partisanship, hurt innocent
bystanders, and impel those at the receiving end to strike back still more
vengefully. The predicament of Lebanon shows how such mutual retaliation in
kind can escalate. As one observer wrote of the unrestrained factional
conflicts there since 1975, "Beirut became synonymous with a new
barbarity, its very name becoming shorthand in the world's headlines for
chaos, as the Congo had two decades earlier."
Old-school strategists might well agree that
governments should not indulge in retaliation in kind so long as lawful
alternatives will check aggression on the part of an adversary.* It is only
when the liberty or the survival of a nation is at stake that they take all
means to be fair. Thus Machiavelli holds, in the Discourses, that
there should be no talk of justice or injustice, humanity or cruelty, honor
or dishonor, where "the safety of one's country" is at stake. And
in 1954, a commission chaired by former President Herbert Hoover restated
such a view in cold war terms:
It is now clear that we are facing an
implacable enemy whose avowed objective is world domination by whatever
means and at whatever cost. There are no rules in such a game. Hitherto
acceptable norms of human conduct do not apply. If the U.S. is to survive,
long-standing American concepts of "fair play" must be
reconsidered .... We must learn to subvert, sabotage and destroy our enemies
by more clever, more sophisticated and more effective methods than those
used against us...
The view that there are no rules for what a
nation can do when thus threatened represents an unwarranted stretching
of a claim that most people would accept: that ordinary moral constraints
should allow for limited exceptions as a last resort when self-defense is at
issue. Such a claim is based on a nearly universal view that staying alive
is the most basic human imperative, shared with all living beings. But
strategists who want their governments to be free to violate moral
constraints at will in foreign affairs stretch this claim in two ways. They
extend the reach both of what counts as self-defense and of the exceptions
it allows. It is worth considering each of these two extensions, since they
provide the basis for rejecting moral concerns about foreign policy in times
of prolonged national emergency.
The force of self-defense as a
justification for going to war rests on a long-standing analogy between
nations defending themselves and individuals doing so--by means of violence
as a last resort, if need be. Such a response to aggression has seemed
self-evidently right to all but those pacifists who accept no grounds for
resorting to violence. Erasmus, Kant, and other advocates of projects for a
lasting peace were once among the few who held self-defense to be the only
legitimate reason for a nation's engaging in war. Others saw as
justified, in addition, certain wars of punishment, retaliation, or
religious or political conquest. But even they took for granted that
self-defense offered the strongest grounds for resorting to violence. By
now, the levels of suffering and injustice inflicted by wars of conquest
have given pause to those who hold expansive views of what makes for a
righteous war. As a result, there is now greater agreement in law, theology,
and philosophy alike, that only self-defense (including aiding in the
defense of allies and victimized peoples) can offer sufficient justification
for war.
For an example of a conflict in which such a
reason was clearly present on one side and absent on the other, consider the
Nazi attack on the Spanish town of Guernica on April 26, 1937. Hitler had
sent the Luftwaffe to bomb the town as a gesture of support for General
Franco's Fascist forces. When the planes arrived, the town market was
thronging with villagers who had come to sell their produce. Incendiary
bombs exploded everywhere, destroying the town and killing over fifteen
hundred men, women, and children. In such an emergency, most would agree
that the citizens of Guernica would have had every right to defend
themselves against the Nazi assault, had they had the means to do so. The
Germans, on the other hand, could hardly claim self-defense in justification
of their action. Hitler and Franco chose, instead, to have their supporters
spread the propaganda message that "Red hordes" had carried out
the massacre.
Half a century after the Nazi assault on
Guernica, death brought suddenly to civilians from the air is no longer
unusual. Even after the Second World War, with its millions of civilian
casualties, napalm and firebombs have rained on villagers in Vietnam,
Afghanistan, and elsewhere. But by now, those who order or carry out such
assaults rarely hesitate to claim that their actions are justified by the
imperative of self-defense--of their nation, their allies, their way of
life, their religious or political convictions. Just as rulers on opposite
sides of past wars once took for granted that God was on their side, so
opponents now invoke self-defense and national security even for aggressive
ventures far beyond their borders.
Such actions are far from analogous to what
an individual might rightfully do as a last resort when faced with direct
assault. But because of the ferocity of today's weapons and the genuine
threat to national survival, the great powers as well as adversaries in
regional conflicts can now argue, as they never could before, that
everything they do to reinforce their own power and that of their allies, or
to diminish that of their enemies, actually does contribute to self-defense.
Thus some U.S. policymakers argue that they must respond in kind to the
disinformation, bribery, violent destabilization of foreign governments, and
other tactics employed by the Soviet Union across the world or risk losing
influence in one region after another. Others likewise invoke the legitimacy
of such self-protection not only for what they do in wartime, or only for
their military preparations in peacetime, but for all economic, political,
and other policies that affect their nation's international standing.
Self-defense, when seen in such a light, becomes coextensive with all of
strategy.
Up to a point, it is reasonable and indeed
indispensable for present-day governments to go beyond the individual
analogy in deciding what their nation's security requires. Given the nature
of contemporary weapons systems, it would be absurd to prepare defenses
merely against direct attacks; for by the time such attacks occur, it is
often too late for genuine self-protection. And yet it is clearly excessive
to move to the other extreme of justifying all questionable activities that
have an effect, however tenuous or remote, on national defense. It remains
necessary to draw a line as close as possible to the analogy with what
individuals might do to defend themselves--a line that distinguishes between
legitimate self-defense and all that a nation might do to expand its
territory and further its ideological aims.
It is useful, for the purpose of drawing such
a line, to consider the distinction often made between the narrower concept
of self-defense and the larger one of self-preservation. Acts of
self-defense presuppose a specific threat of serious injury from particular
agents; self-preservation include such acts along with all that makes for
greater safety and well-being. Preventive health care, for instance, can add
to longevity and well-being and, in that sense, to self-preservation,
without counting as self-defense in the same way as shielding oneself
against blows. It is especially with respect to self-defense properly
speaking that one may ask about limited exceptions to fundamental moral
constraints such as that on violence. When it comes to the larger aims of
self-preservation, the analogy between individual and state action holds: it
is no more legitimate for a landowner to bribe, cheat, or terrorize
unscrupulous neighbors than for a state to do so, no matter how much those
responsible might claim to be better off and safer as a result.
The distinction between the narrower concept
of self-defense and the larger one of self-preservation is clear in the case
of policies of terrorism and disinformation. Terrorism cannot be defended on
grounds of direct self-defense, because its random assaults on noncombatants
hardly disarm assailants. Disinformation programs, because they are so
diffuse and so likely to boomerang, are equally worthless from the point of
view of direct self-defense. Nor can advocates of these two practices claim
to be engaging in them for the purpose of giving humanitarian aid to
beleaguered peoples--least of all terrorists, whose actions represent a
denial of the most fundamental human rights.
The confusion that results from ignoring the
distinction between the narrower and larger concepts is
increased by a second way of stretching the claim regarding self-defense.
When government officials state, as in the Hoover commission report
mentioned above, that "there are no rules" where national security
is at issue, they may not intend to be taken literally. But such statements
open the door to every form of abuse; for they can be used to nullify the
efforts over many centuries to draw distinctions between legitimate and
illegitimate means of warfare. International law, just war theory, and
military education all specify certain rules--against killing noncombatants,
say, or torturing prisoners or using poison gas. True, the rules are often
overridden in practice; but those who become convinced that no rules apply
to what they do risk losing all moral inhibitions in this respect.
Together, the two efforts to stretch the
justification for what can be done in self-defense undermine
constraints with respect to foreign policy in times of peace as of war. They
then introduce yet another way to reject moral concerns in foreign
affairs. The claim is no longer that of realists in earlier decades, that
international relations are somehow inherently outside the bounds of
morality. It is, rather, that the appeal to self-defense legitimates all
actions pertaining to foreign policy, once they are understood to be
inseparable from a nation's or a community's survival, and that they are
therefore governed by no rules.
The risk of nuclear war doubtless helps make
this claim more acceptable to policymakers; for such a war would obliterate
the line between defense and aggression as well as the distinction between
combatants and non-combatants and between more or less inhuman weapons. Even
if such a total war never comes about, its shadow has blurred the lines
still further for what is acceptable in "conventional" warfare and
for what adversaries can do to one another and to innocent bystanders in
times of peace.
In recent years, the blurring of lines
between offense and defense has encountered increasing challenge from
advocates of so-called nonoffensive or nonprovocative defense. If nations
could arrive at balanced and strictly defensive protection against assault,
their citizens would no longer have to cope with the economic and
psychological burdens of maintaining and being in turn targeted by vast
arsenals of offensive weapons; nor would they have to live with the fear
that these engender. So far, the movement for nonoffensive defense has
focused primarily on measures affecting military preparedness. But the
concept of such a form of defense deserves attention in foreign policy more
generally -- in diplomacy, for instance, as in trade policy and intelligence
work. Offensive or provocative policies are precisely those which inspire
distrust between adversaries; to the extent that they can be discarded
without added danger to national security, everyone stands to gain. There is
no necessary link between exercising cautious distrust and acting so as to
inspire more distrust among others. On the contrary: adding to the amount of
needless distrust makes it harder for all involved to know what dangers
genuinely require special attention and impairs the climate needed for
resolving conflicts without going to war.
Genuine concern for national security calls, therefore,
for extreme caution against giving too free a hand to those who invoke
self-defense to legitimate all questionable undertakings. Officials may
otherwise assume, without stopping to reflect, that they have no alternative
course of action and that the nation's interest calls on them to go against
their principles, by planning a disinformation scheme, say, or violating
laws they have sworn to uphold.
The Reagan administration's decision in 1985
to send arms to Iran in hopes of assuring the release of U.S. hostages may
have begun as just such a well-intentioned effort, however unrealistic, to
cut back on the terrorism and violence in the Middle East and to end the
suffering for the hostages and their families. But without principled
administrative oversight and legislative controls, the doors were opened to
practices of bribery, money-laundering, falsification of official documents,
and arms-smuggling. As the scandal unfolded, the weakness of the excuses
invoking the nation's best interest and the lack of alternatives became
apparent; and the role of official secrecy in allowing such excuses to go
untested until too late was highlighted once again.
Public officials who are asked for the first
time to take part in problematic activities often fall back on yet another
standard excuse: that it is not up to them to try to reexamine long-standing
national policy. But it is up to them, and up to us as well,
to take a very close look at all the morally questionable policies that have
somehow gained the status of permanence. While some of them may once have
been needed as a response to an acute crisis, no one can claim that they are
all needed now. Some respond needlessly to ineffective and self-damaging
actions by an adversary or are ineffective and thus uncalled for in their
own right; others are excessive considering the provocation and thus are
especially likely to escalate hostilities; still others are unnecessary
because alternative actions will promote national security without hurting
innocent bystanders or eroding trust. Together, all such unnecessary tactics
damage national security, delay the settlement of regional conflicts, and
hinder collective efforts toward security. They end by forcing government
leaders into blatant and embarrassing hypocrisy whenever they claim
self-defense for every form of aggression or deny in public those acts which
they know they sponsor in secret.
Since democracies are expressly committed to
justice and the respect for human rights, they have every reason to question
practices that go against these norms for the sake of national defense. But
whatever their political system, large powers have a special responsibility
to avoid violations that set precedents for others to emulate. A number of
countries have long sought to eschew all such practices; they, too, have a
special function in showing how to hold the line against them. And all
nations, as suggested in Chapter IV, have a stake in efforts to counteract
practices that erode rather than build the confidence needed for
negotiations to further common security. To the extent that governments fail
to do so, concerned organizations and individuals have a critical role to
play in bringing pressure to bear.
As soon as those advancing the strategic
argument for dismissing moral concerns acknowledge that not all shady
practices are necessary for self-defense, and that some may even damage it,
there is already an opening for change. Strategists have reason, then, to
join in reevaluating all practices linked to defense, if only for the sake
of their own nation's security. In such a process of reevaluation, more is
needed than the customary judgments having to do with short-range financial
and political costs or with the obstacles to be expected in trying to
implement a policy.
Even before undertaking such judgments, it
will be helpful to begin the process of reevaluation by dividing all
relevant policies into two categories: one containing the many practices,
including those which are purely defensive and confidence-building in
nature, that violate no fundamental moral constraints; and a second category
singling out policies that do violate such constraints. About each policy in
the second category, one can then ask the three questions set
forth in Chapter IV to assist in weighing actions or practices fraught with
moral conflict:
1. Is there an alternative policy that might serve the purpose one takes to
be justified--in this instance lasting national security--without breaching
moral constraints? One, that is, which falls in the first category? Asking
this question calls for all involved to look for such alternatives as
creatively and imaginatively as possible and to consider what kind of
leadership it takes to implement them most effectively.
2. If no alternative policy of nonproblematic nature can be found, what are
the arguments by which proponents justify the violations made necessary by
the policy under consideration? And what are the counterarguments advanced
against it? Where national security is concerned, three subsidiary sets of
questions must then be asked:
a. Is the policy one that genuinely serves
self-defense? Or is it so ineffective or so likely to backfire as to
damage, rather than serve, national security?
b. Is the policy appropriate in light of the provocative policy or action
to which it responds? Does it overreact? Does it risk needless escalation?
Or is the provocation itself so ineffective or so likely to backfire as to
call for a different response or none at all?
c. A consideration of the above questions will eliminate a number of
policies as unnecessary or inappropriate. With respect to those remaining
ones which still seem necessary in the eyes of proponents, they must be
asked to explain on what view of self-defense or national security they
base their judgment. And what lines, if any, do they draw with respect to
violating fundamental moral constraints on, say, killing noncombatants or
cheating on international treaties?
3. As a test of the preceding questions, how
would the arguments for and against the answers to each fare if defended in
front of an assembly of reasonable critics? Such an assembly would have to
be representative of those who bear the costs of the policies at issue--of
taxpayers in the nations responsible, for instance, just as much as of
potential victims abroad or at home.
Such a process of rethinking and reevaluating
existing policies is indispensable to a strategy for peace. It will take
time and require the efforts of citizen groups, scholars, and many others in
addition to public officials--the more so as line-drawing often calls for
considerable fact-finding, analysis, and debate. These efforts of
reevaluation, of which mine can be but a small part, offer an alternative
path to those who insist either that nothing meaningful can be done, given
the genuine threats to survival that so many nations face, or, on the
contrary, that nothing need be done, since all is well as it is.
There is a better way to reconcile genuine
self-defense with the public desire for a principled foreign policy. It is
in the power of each nation--and, most urgently, also in the interest of
each--to seek ways to reduce excessive, debilitating distrust. And just as
many different practices contribute to that distrust, so the collaboration
of a great many groups and individuals can bring about a change.
* Around 1750 B.C., when the Code of Hammurabi first spoke of exacting an
eye from a noble who had put out the eye of another noble, and the teeth
from one who had knocked out another's teeth, retaliation in kind
represented an advance over blood feuds, and massive retaliation. Justice
called for equivalence of retribution, not excess, and was to be carried out
according to the code by lawful authorities, not by an aggrieved party with
a mind to revenge. The same was true when "an eye for an eye, a tooth
for a tooth, a hand for a hand, a foot for a foot" was prescribed for
the Jews in the Book of Exodus.
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