[Among] certain non-negotiable requirements… [on] the decision to use lethal force… [is to] ensure robust protection for civilians and the infrastructures necessary for their survival… When we witness the bombing of civilians, attacks on hospitals, schools or vital infrastructure, and violence that affects children, we are confronted with scandals that wound humanity itself. (Magnifica Humanitas 200, 216)
This is not
a novel teaching but simply the reiteration of what has long been standard Catholic
moral theology, and in any event it is an obvious implication of natural law
principles governing respect for the lives and property of the innocent. A faithful Catholic cannot approve of
deliberate attacks on civilian lives, property, or infrastructure any more than
he could approve of abortion, theft, or vandalism. As the Compendium
of the Social Doctrine of the Church says:
The good of the human person must take precedence over the
interests of the parties to the conflict. The principle of humanity inscribed in the
conscience of every person and all peoples includes the obligation to protect
civil populations from the effects of war.
That minimum protection of the dignity of every person, guaranteed by
international humanitarian law, is all too often violated in the name of
military or political demands which should never prevail over the value of the
human person. (504-505)
Similarly,
Pope St. John Paul II taught:
War cannot be decided upon, even when it is a matter of
ensuring the common good, except as the very last option and in accordance with
very strict conditions, without ignoring the consequences for the civilian
population both during and after the military operations. (Address to the
Diplomatic Corps, January 13, 2003)
The need to
protect civilian lives and property was a special concern of Pope Pius XII
during World War II:
The Holy See has always been, and still is, greatly
preoccupied, out of a heart filled with constant solicitude, with the fate of
civil populations defenseless against the aggressions of war. Since the outbreak of the present conflict, no
year has passed that We have not appealed in Our public utterances to all the
belligerents – men who also have human hearts molded by a mother’s love – to show
some feeling of pity and charity for the sufferings of civilians, for helpless
women and children, for the sick and the aged, on whom a rain of terror, fire,
destruction, and havoc pours down out of a guiltless sky… If aerial
bombardments must continue to form part of this harrowing war, let them with
all possible care be directed only against objects of military value and spare
the homes of noncombatants and the treasured shrines of art and religion.
(September 26, 1942)
The threat
to destroy Iranian civilian infrastructure also illustrates the incoherence of
much of the rhetoric by which the war’s defenders try to rationalize it. For example, it is often claimed that if the
Iranian regime were ever to get hold of a nuclear weapon, neither diplomacy nor
deterrence would prevent them from using it against either the U.S. or
Israel. The regime is so suicidally irrational
and ruthless (so it is alleged) that it would launch such a nuclear attack even
though this would guarantee a retaliatory strike that would utterly destroy
Iran.
But if that
were true, how could an attack on Iranian civilian infrastructure bring the regime
to its knees or to bargaining table? You
can’t have it both ways. If the regime
really were so irrational that even the threat of annihilation would not deter
it from using nuclear weapons, then it would also be too irrational to be moved
by attacks on civilian infrastructure.
But if it can be prompted to change course by attacks on civilian infrastructure,
then surely it can be deterred from using nuclear weapons by the threat of massive
retaliation.
Here is another
bit of incoherence. The war’s defenders
routinely say that they hope for the liberation of the Iranian people. That implies that Iran’s civilian population
are the innocent victims of the Iranian regime.
But if they are innocent, then U.S. attacks on the civilian population’s
infrastructure would be no less unjust than the regime’s oppression of the population. Again, they would make the U.S. a second
oppressor, rather than a liberator.
On the other
hand, suppose the war’s defenders were to appeal to a theory of collective
guilt in order to defend attacks on civilian infrastructure. That is to say, suppose they were to claim
that the entire population of Iran somehow bears sufficient responsibility for
the crimes of the regime for it to be legitimate to target civilian infrastructure
no less than military targets. Such a
doctrine of total war is simply evil by just war standards, but put that aside
for the moment. The point is that it
would, given this theory, no longer make sense to speak of “liberating” the
Iranian people. For on this scenario,
there are no innocent people in Iran to be liberated from evildoers; there are only
evildoers. The war would not be a war of
liberation but entirely punitive.
Again, you
can’t have it both ways. If you think it
is legitimate to attack civilian infrastructure, then you cannot coherently
claim to be interested in liberating the Iranian people. But if you are sincerely interested in
liberating the Iranian people, then you cannot approve of attacks on civilian
infrastructure.
Related
articles:
The
U.S. war on Iran is manifestly unjust
America’s conflict in
Iran is not a just war
Just
war doctrine and the duties of soldiers
Does
just war doctrine require moral certainty?
Misunderstanding
the “just cause” condition of just war doctrine


The complication (that, as it looks, hasn't been addressed in this post) is that the said infrastructure seems to be both "civilian" and "military".
ReplyDeleteThat is, a bridge is used by civilians, but it is also used to transport military supplies. The power plant produces electricity that is used both for street lighting and for military drones.
In fact, the same bridge can be used both by civilians, and by thugs who are going to beat those civilians up. (That shows that the contradiction between trying to liberate the Iranian people and attacking such infrastructure hasn't been proved yet.)
For example, if Pius XII distinguishes "objects of military value" and "the homes of noncombatants and the treasured shrines of art and religion", could a bridge or a power plant be more like "objects of military value"?
One option would be to say that any infrastructure that is used for civilian purposes is to be off limits, but that seems to be exploitable: send a singe civilian to find shade under the surface-to-air missile installation for five minutes, and the SAM installation would become "civilian infrastructure" that can't be targeted. That's clearly absurd.
I suppose that the guidance that the Church provides at the moment is that this has to be "proportional", which does not seem to be so easy to apply in practice.
I guess the Pope is right: the Just War Theory needs more work...
I think the point is that something that is genuinely essential to civilian life remains off-limits, even if military necessity would dictate otherwise. The alternative, given the entanglement of civilian and military infrastructure since the advent of modern war (that is, post-WWI), is simply to abolish any concern for civilians and embrace total war, since modern warfare has a supply chain that reaches deep into the civilian sphere.
DeleteI think what you're missing with your bridge example is that, if that bridge really is necessary for survival, you've simply doomed the civilians to starvation to protect them from being murdered. People in the English-speaking West (yes, even the British) have been insulated from the harshest realties of war for more than a hundred years, and so don't reallly understand (or believe) that a war can cause a famine in which millions of people die. I mean, hundreds out thousands of civilians died as a consquence of the British blockade of Germany during WWI, and Germany was an industrially-advanced nation not substantially different from America or the UK. The millions that died in China during WWII primarily perished due to famine and disease caused by Japan's invasion (and made worse by the KMT's destruction of Chinese civilian infrastructure to slow the Japanese advance) rather than being directly murdered by the IJA.
Of course, the flipside of all this is that some bridges may be mainly used by the military and not necessary for civilian survival. Many of the bridges bombed by the Allies during WWII were perfectly legitimate targets by that standard. But power plants nearly always support hospitals, water treatment plants, refrigeration, and other absolute necessities that, if lost, could plausibly plunge the civilian population into famine or cause an outbreak of disease. Thus, Dr. Feser's point holds.
(What's really behind this whole discussion, incidentally, if the Trump administration's frustration that the "Greatest Nation in the World" can't steamroll a second-rate regional power in a fair fight despite having the absolute advantage in military power and industrial capacity. Threatening to target bridges and power plants is an act of desperation on Trump's part, not unlike the threats my four-year-old makes when he doesn't get his way. There is no serious discussion to be had here; just an oversized toddler throwing a tantrum.)
A good point is made about targeting civilian infrastructure in order that civilians be deprived of certain goods in order that the regime crumbles or is deterred from some evil action. I agree with that point.
ReplyDeleteProfessor, moving to a different war theatre in Gaza, what do you think about the IDF's willingness to bomb a hospital - for example - not in order to cripple civilian infrastructure per se, but in order to destroy underground military targets.
Abstracting this example from any particulars, it seems like it could be legitimate given the right particulars.
You are bombing the hospital not to kill the patients inside and not to end certain medical services, but to destroy a hidden military target.
Is this decision just subject to the proportionality aspect of double effect reasoning? Or does it fail to meet other elements of that criteria?
I’m not the Professor, but as far as I am aware military use of civilian infrastructure makes it fair game. Don’t take my word for it tho.
DeleteWere the rule of war different in the past? If I remember, the rules were if a city surrendered to an invasive army the citizens would be spared. But if they chose to fight and lost too bad for everyone inside because it was assumed the people who disagreed would leave whether possible or not.
ReplyDeleteWasn't it ever considered what the civilians what was the fate of those that were trapped inside and wanted to leave but could not? What is the verdict about the Anabaptist revolt in Muenster?
"The rules of war" and "just war" are separate concepts; the former is always an imperfect (and usually secular) instantiation of the latter. So, yes, the laws of war have changed, and many premodern or early modern wars, even those fought by the Church, were riddled with criminal and immoral acts despite technically following the rules of war as defined at the time. Executing or enslaving defeated enemies used to be allowed, even though it blatantly contradicted many of the requirements of jus in bello. The requirement that civilians essentially be neutral or else be treated as enemy combatants makes a nonsense of the principle of distinction.
DeleteAre you saying that executing or enslaving the defeated was technically allowed at the time or that it was not technically allowed but done anyway? Or that at that time the rules of war contradicted themselves?
DeleteThis whole column rests on an ambiguity about what civilian infrastructure really is. It is precisely that ambiguity that guts Feser’s claim that killing Iranians makes U.S. oppressors and not liberators - far, far more civilians were killed during the Normandy landings than have been killed in Iran. Were we oppressors on a par with the Nazis? No.
ReplyDeleteThe civilian causalties in the D-Day invasion were nearly all caused by the unnecessary and indiscriminate Allied bombing of French towns based on the mistaken belief that German troops would be stationed there instead of closer to the coast. The raids achieved basically nothing apart from needless loss of life, despite wiping out many of the towns almost completely. So, D-Day is actually an excellent argument in favor of the point Dr. Feser is making (and the arguments he's made in the past against strategic bombing.) Well done.
DeleteExactly; there have long been regimes that are keenly aware of these Christian-worldview-based norms, and they weaponize them with the use of "human shields" and intentionally intermingled civilian/military infrastructure, not to mention media manipulation. To bring old norms to bear in such situations is to effectively commit to handing over your populace to the dictates of whatever regime is most willing to violate decency. There's no great answer here as far as I'm aware.
Delete"The war’s defenders routinely say that they hope for the liberation of the Iranian people. That implies that Iran’s civilian population are the innocent victims of the Iranian regime. But if they are innocent, then U.S. attacks on the civilian population’s infrastructure would be no less unjust than the regime’s oppression of the population."
ReplyDeleteThis becomes especially clear when you transmute it to a smaller scale. Imagine a police department bombarding a slum to "liberate" its inhabitants from a dangerous gang, or a SWAT team shooting through human shields to "save" hostages taken by bank robbers. Sure, law enforcement isn't an exact parallel to war, but it's the closest analogy we've got. We expect police to take on additional risk to themselves to protect civilian life, even if it makes their goal (protecting the innocent) more difficult. Just war theory demands that we apply the same logic to warfare; anything less renders its principles meaningless.
(I accidentally posted this as a reply to another comment, when it was intended as a reply to the original post, so I've deleted my other comment and re-submitted this.)
Trump doesn't know what he is doing. Here are his 32 comments about the Iran War.
ReplyDeletehttps://www.nbcnews.com/politics/donald-trump/32-times-trump-suggested-iran-war-was-almost-over-rcna385846