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Gaza
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8 min read

How redemptive justice could be a way out of a long and costly war

Dynamics of shame, dis-honour and vengeance swirl around the decision makers in the Israel-Hamas war. Steven Firmin explores how redemptive justice could restore a relationship of peace.

Steven Firmin is a lecturer in Christian Ethics at the University of Oxford. His research interests include the interaction of Christian and Muslim political thought.

An army general in green fatigues stands and address a group of soldiers sitting, squatting and standing around him
Israeli Chief of the General Staff Herzi Halevi addresses troops.

The horrific, indiscriminate attacks against Israel by Hamas terrorists have brought the larger Israel-Palestine conflict back to centre stage in international politics. The event has been called “Israel’s 9/11”, and senior Israeli political and military officials have vowed to “exact a price that will be remembered by [Hamas], and Israel’s other enemies, for decades to come.” , and to turn Gaza into a “city of tents”. Israel has begun bombarding thousands of Hamas targets and preparing for a ground invasion in Gaza.  

The die thus seems to be cast for a long and costly war which may not ultimately be able to achieve its aims, and that will halt or reverse any progress towards a resolution of the Israel-Palestine conflict in at least two ways. 

Much more important is that fair-minded Palestinians and their supporters in the wider Arab and western world are also able to understand Israel’s military actions as fitting and discriminate. 

First, the trauma resulting from a large-scale Israeli air and ground campaign in Gaza will be enormous for Palestinians. This trauma will almost certainly be the seedbed of resentment which gives the next generation of Gazans sufficient reason to hate Israel and work for its demise. Indeed, if the tragedy of October 7 is Israel’s “9/11” then it is imperative that Israel not neglect the difficult lesson the US learned through its “war on terror”: when you punish terrorists in a manner that destabilizes and alienates the wider population of a region, you merely create more terrorists. This is not to say that responding to Hamas’ attacks with military force is unjust. Military action should form part of a just response to Hamas’ actions. But this military action needs to be conducted carefully. Any military judgement must be done in such a way that not only Israelis and sympathetic westerners see it as a rightful judgement on Hamas. Much more important is that fair-minded Palestinians and their supporters in the wider Arab and western world are also able to understand Israel’s military actions as fitting and discriminate. This would require Israel, at minimum, to go to extraordinary lengths to minimize civilian casualties, even to the point of significantly increasing risks to Israeli soldiers.  

In the recent past, however, and perhaps also now, Israel’s military strategy, known as the ‘Dahiya Doctrine’ has geared in the opposite direction: it deliberately strikes back at enemy targets in a disproportional manner, in an effort to deter the enemy from further aggression. And when it faces a choice between increasing risks to Israeli soldiers or civilian populations, it often chooses the latter. If that strategy continues to play itself out in a drawn-out air and land campaign, any short-term military victory will only result in long-term creation of new and more determined enemies of Israel.   

A long and costly ground war against Hamas will only make things worse for Israelis and Palestinians. 

Second, Israel’s pursuit of a war against Hamas makes it all but impossible for the wider Arab world to pursue normalization of ties with Israel. Prior to Israel’s declaration of war, a fresh start was within reach. The 2020 Abraham Accords normalized ties between Israel and Bahrain, Morocco, and the United Arab Emirates, and this year an historic, US-brokered deal between Israel and Saudi-Arabia was well on its way to being agreed. Now, the Israel-Saudi deal is in tatters, and other Arab countries with diplomatic ties to Israel are feeling political pressure to show distance. This pressure is not arising because any of these Arab countries support Hamas. All are opposed to its Islamist ideology. It is because they are tied by bonds of affection and loyalty to the Palestinian people, and these bonds prevent Arab countries from negotiating in good faith with Israel when they have serious doubts that Israel’s military actions are making sufficient provision for the welfare of ordinary Palestinians.  

A long and costly ground war against Hamas will only make things worse for Israelis and Palestinians. But what would make things better? Rather than a vengeful justice, Israel might consider pursuing what is called ‘redemptive justice’ in its war against Hamas.  

This kind of justice is exactly the path Jesus urges his followers to follow in his Sermon on the Mount: 

“You have heard that it was said, ‘Eye for eye, and tooth for tooth.’ But I tell you, do not resist by evil means. If anyone slaps you on the right cheek, turn to them the other cheek also.  

The teaching here about retaliation has three parts. 

First, Jesus presents a traditional teaching from the Mosaic law, sometimes called the lex talionis: ‘You have heard that it was said, “An eye for an eye and a tooth for a tooth.”’ In its Old Testament contexts, this principle was supposed to prevent violence from spiraling out of control. When someone wronged you, your injury didn’t give you unlimited right of revenge. Wrongdoing had to be addressed with strict retribution. No more.  

Next, Jesus warns of a deeper dynamic which leads to problems: ‘But I say to you, do not resist by evil means’. Jesus’ warning is not opposed to the lex talionis. What Jesus is warning about, as New Testament commentator Peter Leithart argues, is not to apply this law in ways that perpetuate violence rather than limit it. The example Jesus gives next is illuminating: a slap on the right cheek is not a violent threat to life. To slap someone on the right cheek, you must use either your left hand, or the back of your right hand. Either of these would have been understood as acts of dishonour and shame to a first century Jew. They were not acts intended to harm grievously. And when someone is intent on publicly shaming or dishonouring you, responding with a counter-act of shame or dishonour only heightens the antagonism between you and encourages further retaliation. Strict retribution in these situations will not achieve the law’s aim of limiting violence.  

This leads us to the third part of the teaching, where Jesus proposes a creative solution to the danger: rather than respond to dishonour with dishonour and risk creating a cycle of vendetta, take the penalty of the law on yourself he says – “accept the second slap rather than giving it” as Leithart puts it. This is what redemptive justice means. It cuts evil off at its root and restores a relationship of peace. After all, a person seeking to humiliate you runs out of ammunition very quickly when you show yourself willing to be humiliated.  

Lex talionis is a principle which limits violence to strict retribution. Adopting this approach would require Israel’s leadership to renounce formally the “Dahiya Doctrine.” 

How then might Israel’s political and military leadership enact redemptive righteousness in the situation it now faces in Gaza and in the areas under its effective control? First, let me say it again, Jesus’ commands do not abolish the lex talionis “an eye for an eye, a tooth for a tooth”. Judgement via military force against Hamas is thus not forbidden by the Sermon on the Mount. But as was noted earlier, the lex talionis is a principle which limits violence to strict retribution. Adopting this approach would require Israel’s leadership to renounce formally the “Dahiya Doctrine” and commit publicly to a more proportionate, discriminate form of retaliation to the Hamas attacks.  

Second, we should note that the political situation which has been created by these attacks has deeper dynamics than merely trying to achieve justice for the victims of the attack. The situation also has important dynamics of shame and honour. Unable to prevent this horrific tragedy, the competency of Israeli political and military leaders has been called into question. They have been humiliated by these attacks, and the great temptation for them now is to ‘resist by evil means’, projecting strength by responding to dishonour with counter-dishonour, humiliation with counter-humiliation. This teaching warns Israel’s leadership to do otherwise: accept the second slap, rather than give it.  Although it may sound counter-intuitive, allow yourself to be humiliated by Hamas rather than perpetuate further humiliation that will alienate the wider Palestinian population and potential Arab allies. Undercut the cycle of humiliation by going out of your way to honor ordinary Palestinians, protecting them from harm and blessing them even if it means incurring greater risks to your own soldiers or civilian population. This is the kind of bold, innovative leadership that Graham Tomlin has argued is needed in this most complex of global conflicts. 

Would adopting such a self-sacrificial military strategy be ultimately self-defeating? Would it weaken Israel’s military advantage and prevent them from achieving victory over Hamas? The opposite is true. The Israeli military, with its superior military capability, is not at all in danger of ceding victory to Hamas by fighting a more self-sacrificial form of warfare. But if Israel fails to adopt a self-sacrificial strategy as it pursues military action, the sweetness of any initial victory will sour into a long-term defeat as the contagion of resentment is sown among a new generation of Palestinians and their supporters.  

But surely this would be politically unfeasible for Israel’s leadership to implement? Any leader who enacted redemptive justice towards Hamas and the wider Palestinian population amidst the current national mood of mourning and outrage would face certain political demise. That may be so. Jesus warns those who follow him that they must be prepared to take up their cross. What would motivate that kind of decision, given the cost? The confidence to enact redemptive justice cannot ultimately be separated from confidence that death has been overcome through resurrection, bringing life to the whole world. The call to enact redemptive justice can only be sustained with a recognition of both the wisdom and the ultimate victory of the Jew from Nazareth.  

Israel’s leadership is at a cross-roads. In response to the horrific attacks of Hamas, it has begun a severe bombing campaign in pursuit of a vengeful justice that will soon be followed by a ground invasion. If it wants long-term peace, it must consider changing course quickly and drastically. It must pursue the redemptive justice of the crucified Messiah that overcomes evil with good.  

Essay
Comment
Community
Identity
Politics
8 min read

The country needs fixing, here’s where to start

Turning back the clock, closing the gates, and putting up more flags, is not the answer
A commemorative blue plaque on a a wall is smashed to pieces
Julian Hochgesang on Unsplash.

This is the third in a series of articles clustered around the ideas of constitutionalism, Christianity and national identity. The first article set out the case for a new written constitution in order to protect against the authoritarian reactionary populism that threatens to undermine democratic norms and institutions. The second article made a distinction between England’s ‘metaphysical’ constitution and its ‘mechanical’ constitution – arguing that the former is in need of restoration, and the latter in need of thorough reform.  

This article concludes with a plea for peace and unity. There is not much, in this increasingly febrile and polarised political climate, that left and right agree upon. Who is responsible for the mess we are in: the Romanians or the Etonians? Against whom should we direct our ire: the people in small boats in the Channel, or the people in big yachts in the Cayman Islands? Was Thatcher a hero or a villain? Was the purity of Brexit bliss betrayed by scheming Remoaners, or was leaving the European Union always going to be a disaster? 

What we can agree upon, however, is that something is deeply broken. While we might disagree on the causes and the solutions, the unavoidable evidence of brokenness is before our eyes. In every area of daily life, things are – to use the most fitting vernacular expression – ‘a bit pants’. Perhaps things are not utterly dire, in the way that much of somewhere like Sudan or Burma is utterly dire, but they are nevertheless far from the standard that one might reasonably expect from the rich, first world, country we still claim to be.  

Park life 

Go, for example, to your local park, if there is one. Observe the broken glass, the graffiti, the used condoms, the discarded drug paraphernalia, the joyless air of bleak menace in a place that should be a happy sanctuary for children and families. If that description does not match your experience, perhaps you are one of the lucky ones, who lives in a good area – but many of your fellows, in dull decaying provincial towns, are much less fortunate.  

Parks are just one manifestation of a land in the doldrums. One might just as well point to the fact that since privatisation water companies have not built any new reservoirs, or to uncollected rubbish piling up in the streets of Birmingham, or to the difficulty of getting an NHS dental appointment. Everything is tired, run down, threadbare, falling apart.  

Those in charge, nationally and locally, are stretched between the irreconcilable demands of expanding needs and tight budgets. Engulfed by short-term crisis-management, they lack the ability to look up, grab the situation by the horns, and bring about the fundamental, structural and systematic change that is needed to actually fix things.  

The decay is evident, too, in society at large. Employment, for those who can get it, is characterised by low wages and precarity. Housing costs are absurd. People at all levels have become exhausted, demoralised, bored and lacklustre, locked in an ‘overwhelm paralysis’. The public mood has become despondent, cynical, ineffectually angry, but also frightened. Many are grimly hanging on, just going through the motions to the minimal extent necessary to endure the week, and afford the month. Even basic civility and politeness have worn thin.  

This is a far cry from a ‘Land of hope and glory’. Indeed, if one were to take honest stock of things, one might conclude that we live in a state where there is none righteous, and where all have sinned and fallen short of the glory of God.  

Cobwebbed constitution 

In making this sudden metaphysical turn – jumping from the decay, despondency and desperation evident around us, to the realm of the spirit – I do not wish for a moment to minimise the importance of such mundane human affairs as ideologies and policies. What government does and does not do, and what law allows or prohibits, matters. It should be no surprise that if governments leave undone those things which they ought to have done, and do those things which they ought not to have done, then there will be, at the end, ‘no health in us’.  

Still less would I wish to neglect the role of institutions and structures – and, ultimately, the constitution itself. The woes we experience, in terms of bad policy and poor execution, are largely the result of an ill-constituted state. The words of Tom Paine (a man ill-remembered by history, but one of the few Englishmen to have understood the centrality of constitutional matters) are as true today as when he penned them more than two centuries ago:  

‘For want of a constitution in England to restrain and regulate the wild impulse of power, many of the laws are irrational and tyrannical, and the administration of them vague and problematical.’  

When it comes to mending a country in decline, the first thing to do is to make sure the constitution is sound, and that the institutions of democracy and governance work as they should. Behind all the policy and governance failures, of both Conservatives and Labour, lies the fact that we are governed by the cobwebbed remains of a once mighty commercial imperial state, now hollowed out by neoliberalism, without any clear ethical principles to direct or sustain it. To expect good outcomes from such an ill-constituted state would be as absurd as expecting to gather figs from thorns, or grapes from briers. 

We might even put it in these terms: Every good constitution brings forth good government; but a corrupt constitution brings forth evil government. A good constitution cannot bring forth evil government, neither can a corrupt constitution bring forth good government. 

Constitutional renovation has therefore become a precondition for the restoration of the legitimacy, credibility, authority, and moral integrity of the state, as well as for the health, well-being, and prosperity of the people. This calls for quite a different project of national renewal from that offered by offered by the parties of the reactionary right. Simply turning back the clock, closing the gates, and putting up more flags, is not the answer.  

Governo largo 

The centrepiece of a national renewal project should be constitutional: to create a truly ‘public state’ – a democratic state founded upon, oriented towards, and capable of serving, the common good. Tend to that tree, water its constitutional roots, and the fruits will follow.  

Again, Paine tells us what the fruits of that good tree are, and therefore how to recognise when the constitutional tree is healthy:  

‘When it shall be said in any country in the world, my poor are happy; neither ignorance nor distress is to be found among them; my jails are empty of prisoners, my streets of beggars; the aged are not in want, the taxes are not oppressive; the rational world is my friend, because I am the friend of its happiness: when these things can be said, then may that country boast its constitution and its government.’ 

This is little more than a restatement of the basic Aristotelean distinction between good and bad government. Good government (the well-constituted state, or ‘polity’) governs in the public interest, for the common good, while all forms of bad government – tyranny, oligarchy and populism – govern in the private interests of the rulers, perverting public power for personal gain. 

The renaissance Italian statesman, Francesco Guicciardini, highlighted this distinction in clearer, more binary terms. He contrasted the ‘governo largo’ with the ‘governo stretto’. A governo largo is a wide, open, broad-based government, in which power is broadly shared and publicly accountable, so that public life is centred upon public needs. It is system of government not only by and of the people, but also for the people. ‘Governo stretto’, in contrast, is a narrow, restricted, closed, private, self-seeking, public-ignoring state. 

The first attempt at constituting a ‘governo largo’ in England was made during the Civil Wars, with the ‘Agreement of the People’. This went through several drafts between 1647 and 1649. The title was well chosen. Real, working, constitutions are produced through a process of discussion and negotiation – ‘arguing and bargaining’ – that enables a broadly acceptable constitutional settlement to be reached. The constitution expresses what been agreed, amongst the people or their representatives, as the common foundation of the state.  

Reaching such an agreement today, in a society that has become as polarised and divided as ours, will not be easy. It is nevertheless necessary. In order to establish a state that serves the common good, we must have some agreed foundations, ground-rules, shared principles, upon which a general consensus exists. This alone can provide the basis for an inclusive, publicly-oriented, ‘governo largo’.  

This is not a radical innovation. Almost every country which has become independent from the British Empire has adopted a democratic constitution as its supreme and fundamental law. In some cases – in India in 1950, South Africa in 1996, and Kenya in 2010 – a serious attempt was made to establish an inclusive ‘governo largo’ constitution. In so doing, they sought to heal deep divisions, to reach a broadly acceptable settlement, and thereby to make good government – and with it socio-economic development – at least possible. 

Perhaps we think we are better than all that, beyond such constitutional trifles. Yet, the fact remains that our politics today – and our society today – look much more like those of India, South Africa and Kenya than, say, like those of 1950s England. Either we find ways to dwell together in unity, or we face the kind of civil breakdown which the ancients referred to as ‘stasis’, in which all notions of the common good and the public interest are abandoned in partisan, factional, sectarian or ethnic conflict.  

Here then, we must return to matters of the spirit. A good constitution is necessary, but the best constitution cannot save us. A constitution might call us to liberty – to that political freedom which enables us, as responsible citizens, to exercise care for common things, through systems of representative and responsible ‘public government’, but that is not enough, unless we also cultivate the qualities of character to use liberty well and wisely.  

Saint Paul enjoins us not to use liberty ‘for an occasion to the flesh’ – that is, to seek our own, selfish, corrupt or partisan ends. He warns us perils of stasis: ‘But if ye bite and devour one another, take heed that ye be not consumed one of another.’  He also points to that one solution by which the degeneracy of the state, and the corruption of the constitution, might ultimately be overcome: ‘all the law is fulfilled in one word, even in this; Thou shalt love thy neighbour as thyself.’ 

In other words, if we wish to seek the common good, to be well governed, to live in peace and unity, with freedom and justice, then we have to learn to love one another. Civic and political regeneration cannot ultimately be separated from regeneration of our souls.  

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