Just War Theory and the War against Hamas

Marc LiVecche on October 20, 2023

When asking whether Israel is fighting a just war justly as it responds to the Hamas terror attacks, it’s important to be clear about the framework by which we’ll take our bearings. At its moral center, the just war tradition is an exercise of justice against unwarranted aggression. It helps to guide the political sovereign—that authority charged with the care of the political community—in determining when, in the last resort, the discriminate and proportionate use of military force is the only means likely to protect the innocent, right wrongs, or punish evil. The goal must be the restoration of order, justice, and peace.

The first part is easier than the second. For example, the intentional torture, rape, kidnapping, setting aflame, and murder of civilian men, women, children, and infants by Hamas was an abomination. In response to such atrocities, the just war tradition presumes a two-fold obligation of justice. Israel is duty-bound to seek justice by punishing Hamas, vindicating the victims, and defending itself and its citizens from further harm.

What does it mean to say justice requires victims to be vindicated? Ignoring injuries and leaving them unacknowledged is to hold the victims in contempt. To vindicate must also mean giving the victims support, including righting wrongs where possible, repairing damage where feasible, and assuring the living that the future will not repeat the past.

This brings the punitive aspect into view. A just war is appropriately punitive in several ways: It is a retributive response to a specific wrongdoer for specific wrongs. It responds with that degree of indignation appropriate to the offense, and it manifests this response in penalties that both overturn any advantages the wrongdoer gained through his crime. While the goal of punishment includes the reformation of the wrongdoer, in the first instance, the primary purpose of punishment is to constrain the wrongdoer, to render him incapable of ever perpetrating his crime again, to deter wrongdoing by others, and to secure the wellbeing of victims.

Given this vision of justice, it’s clear Israel is right to fight.

Continue reading at WORLD by clicking here.

  1. Comment by Dan W on October 20, 2023 at 11:38 am

    A military invasion of Gaza will only be a temporary solution. Long term occupation by the IDF will just feed antisemitism in the West. If Western leaders can’t negotiate peace in Ukraine after almost 2 years of war, how will they negotiate anything meaningful between the Palestinians and Israelis?!

  2. Comment by George on October 20, 2023 at 1:33 pm

    Great question Dan. So what’s the answer? War and the reasons for war can fill a very large set of history books. As for the antisemitism, it’s here to stay. It’s not going to go away. It’s a very tiny country and the only Jewish homeland on the face of the earth.
    What’s going to happen is a terrible war of retribution. It has been and will continue to happen until the hate that burns in the hearts of Muslims is extinguished. And that, I’m afraid won’t happen anytime soon.

  3. Comment by Dan W on October 20, 2023 at 2:55 pm

    George I agree we won’t stop the hate, but the sophisticated weapons Hamas fielded in Gaza could have been intercepted. My point is the Hamas/Israeli conflict has been allowed to escalate, just as the Ukraine/Russia conflict. And young people in Western countries seem to be supporting the terrorists. In 20 years these young people will be the leaders of the U.S., the U.K. and the E.U.

  4. Comment by George on October 20, 2023 at 6:40 pm

    Thanks Dan. Guess I’m a glass half empty kind of guy. When I looked at all those young Jews protesting the current war and demanding a ceasefire, it reminded me of another time. When I was young, and full of piss and vinegar, I volunteered my services to Uncle Sam. I had been fed the domino theory and made to get under my desk at school so the atomic blast wouldn’t kill me. When I headed for Vietnam Nam, all those college kids were into protesting the war. Just like the Jewish kids did at our capital yesterday. What I’m getting at is we won’t know how just this war was for another 50 years. Either the Israelis
    will go too far or not far enough. I look back and it makes me sick at the lose of over 58,000 young men in S.E. Asia fifty years ago. We just got over 20 years in Afghanistan and what were the results there? I’m pulling for the Israelies . I pray for peace. Nothing else I can do.

  5. Comment by Dan W on October 20, 2023 at 6:53 pm

    George, I’m praying for everyone involved also. And thank you for your service.

  6. Comment by David on October 21, 2023 at 9:10 am

    Israel is presently a country a bit larger than the state of New Jersey with a population of over 9 million—greater than Austria or Switzerland. Its gross domestic product per capita exceeds that of Japan.

    The conflict between Jewish nationalism and Palestinian nationalism has been going on for well over a century. A Jewish homeland was supported by Europe and America, sometimes as a solution to the refugee problem, but no one supported the native Palestinians. The surrounding Arab states occupied their land when the opportunity allowed. Unfortunately, Israel has chosen a policy of expansionism and displacement of the Palestinians. “Thou shalt not covet thy neighbor’s house” was ignored by the founders of Israel. This much resembles the treatment of Native Americans, another “inconvenient” population.

    Israel is the Golden Calf of modern Judaism. Even atheist Jews worship it and criticism of it is taboo in the community. The cult of victimization is poured out on those questioning Israeli policies. I recall watching a panel discussion that included Clyde Haberman, a prominent journalist. The subject of the dual loyalty of American Jews arose. Haberman firmly stated that there was but one loyalty…and that was to Israel. He then proceeded to list disagreements between the US and Israel and noted that there was not a single instance where major Jewish organizations supported the US position.

    The Palestinians have watched their land disappearing bit by bit. The “settlements” in the West Bank preclude any sort of Palestinian homeland. Nor is Israel willing to grant them full rights of citizenship in the occupied lands. Unfortunately, the Palestinians have been very poorly served by various persons and groups that have risen to leadership over the years. While terrorism is one of the few options the weak have in opposing the strong, the recent Hamas attack will not promote the welfare of Palestinians.

  7. Comment by George on October 21, 2023 at 11:29 am

    In late 1947, the United Nations partitioned Palestine. One part to the Jews. Another for Muslim Palestinians. The Palestinians refused to abide by this accord. Six months later on the eve of May 14, 1948, planes attacked Tel Aviv. On May 14, Israel declared its independence as a nation. The US immediately recognized Israel. At that instance, just about every Muslim, non democratic country, surrounding Israel attacked them. Most if not all were a hell of a lot larger than New Jersey. They had more population than Israel.
    Israel was not equipped to threaten any of these nations. They were just Jew haters. Jew haters like you, David. Every story has two sides. Right and wrong. You are almost always on the wrong side but always against Jews. Don’t deny it.

  8. Comment by David on October 21, 2023 at 12:57 pm

    The Palestine Mandate was part of British colonial ambitions, but it became too hot to handle and the matter turned over to the UN. Why the UN has any authority to divide up countries against the will of the inhabitants is a question.

    “After looking at alternatives, the UN proposed terminating the Mandate and partitioning Palestine into two independent States, one Palestinian Arab and the other Jewish, with Jerusalem internationalized (Resolution 181 (II) of 1947). One of the two envisaged States proclaimed its independence as Israel and in the 1948 war involving neighbouring Arab States expanded to 77 percent of the territory of mandate Palestine, including the larger part of Jerusalem. Over half of the Palestinian Arab population fled or were expelled. Jordan and Egypt controlled the rest of the territory assigned by resolution 181 to the Arab State.”—United Nations, “The Question of Palestine.” https://www.un.org/unispal/history/

  9. Comment by Tim Ware on October 22, 2023 at 10:08 am

    War is always just for “our” side but never just for “their” side. Right?

  10. Comment by John E on October 25, 2023 at 12:32 am

    “David” has done us a kind of favor for revealing that at heart, he is a proud anti-Semite. His disdain for Jews and his shabby attempt to condemn them using the Bible is despicable.

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