This is triggered by a Wall Street Journal op-ed by Gerard Baker. Baker argued that the Trump administration might be going too far with its seeming deviation from purported rules of war [emphasis added].
Waging war according to legal principles seems designed to hobble us. We play by a code of conduct, that nebulous thing we have reified as “international law.” Our enemies murder civilians wantonly, fly passenger planes into buildings, kill captured prisoners, ship arms and poison to our shores that ruin innocent lives. Yet we somehow feel obliged to give them the due process and benefit of law they laugh at. It can seem, to echo a phrase used in another cinematic setting, as if we are constantly bringing a knife to a gunfight.
That is why I suspect most people aren’t too troubled by what the US military has been doing in the Caribbean the past three months. They should be.
But not to the extent of calling off the operations. To modify an old saw somewhat for clarity, the ends provide the excusal or lack of it in the means used. Bigger ends—the defeat of Nazi Germany and Fascist Japan vis-à-vis firebombing entire cities, stopping or vastly reducing the flow of population killing drugs like fentanyl from terrorist or drug cartel-controlled nations by shooting up their smuggling boats on the high seas—excuse bigger deviations.
I do not entirely agree with Baker, and I do not entirely disagree. My own view is this (and full disclosure: I’ve written a book on the matter: A Conservative’s View of the Conduct of Just Wars).
Rules of war, rationales for starting or responding to one and allowed techniques for fighting one once joined, are for opposing combatants who substantially agree on the rules and follow them. When one of the combatants eschews those rules, following their own procedures that have little to no confluence with civilization, then those rules of war should cease to be strictures and should become, instead, mere guidelines, limits on how to fight that should be used to the extent possible, but never allowed to cost victory, whether of any battle, offensive, or campaign or of the overall war.
Blindly adhering to the rules of war and therefrom losing the war is far more costly, not just secularly, but morally as well. The loss, with subsequent conquering by the barbaric fighter, enshrines the barbarian’s “rules” in adamantine for generations. The barbarians’ victories in mid-5th century Europe and in mid-15th century western Asia were followed in both regions by centuries of dark age barbarity.
The area between adhering to laws of war too assiduously and going too far in violating them is a very broad gray area, obscured in real time by Clausewitzian fog of war. That fog exists in the political dimensions of the decision to go to war and its subsequent prosecution as much as in the military dimensions of preparing for war and then fighting it.
We should be watchful more than concerned about what the US military has been doing in the Caribbean the past three months.