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War & peace

16 March 2023

4 min read

Just War and Just Peace

As the Ukraine War passes another milestone, can any war be considered just? Christine Schliesser explores Just War theory and a possible path to Just Peace.

Christine Schliesser

Christine Schliesser lectures in Theology and Ethics at Zurich University, and is a scientific collaborator with the Center for Faith & Society at Fribourg University.

Civilian evacuation across Irpin River during the Ukraine War.

Yan Boechat/VOA via Wikimedia Commons.

Will Germany deliver Leopard 2 tanks to Ukraine? No? Yes? When? Media discussion of the war that the Russian Federation started against Ukraine in 2014 and that entered a new stage one year ago, currently centres on questions of weaponry. Who else will send tanks? And what about fighter aircrafts? No? Yes? When?

In classical military ethics, which has long been dominated by the so called Just War Theory, these questions fall under ius in bello, the right conduct in war. This also includes discussions on proportionality, military necessity and the differentiation between combatants and non-combatants.

Just War Theory has a long tradition in Christian thought. Church Father Ambrose argued that whoever does not ward off injustice from his fellow man (or woman for that matter) when he can, is as guilty as he who commits it. Ambrose’s student, Augustine, then developed this thought in more detail as he laid the foundations for what could be called a bellum iustum, a just war.

Even before going to war, the criteria of the ius ad bellum, the right to go to war, must be satisfied. These include, for instance, a just cause, legitimate authority, prospect of success, right intention and last resort. We encounter these criteria again in slightly modified form in our modern international law. In view of these guidelines, of Russia’s breach of international law, and of Ukraine’s right to self-defence, the on-going war in Ukraine clearly seems to be a just war. Or is it?

Nothing holy or just

Two points need to be made in this discussion. Firstly, there are no just or holy wars. Period. Or as 150 churches, after the horrors of the Second World War, put it in Amsterdam in 1948: ‘War is contrary to the will of God.’ Wars are always an evil and an expression of the failure of human beings to strive for peace. This also holds true for the war in Ukraine. And this means that we need a new dimension in the debate, namely guilt.

Every action – and inaction – here involves guilt. As the German pastor Dietrich Bonhoeffer, who was killed by the Nazis for his engagement in a plot against Hitler, put it:

‘everyone who acts responsibly becomes guilty’.

And even if we become guilty for the sake of the other person, our guilt remains just the same. Yet, as Bonhoeffer concludes, we trust in the grace of God, who calls us to responsible action. , Bonhoeffer’s ideas have been considered dangerous and easily misused to justify any crime, as forgiveness is always available. Nevertheless, we must acknowledge the reality of guilt that pervades any war, including the war in Ukraine.

Just Peace

Secondly, recent years have seen a new kid on the block: Just Peace Theory. While Just War Theory looks at a conflict from the perspective of violence, Just Peace Theory puts the focus on peace. This includes adding a third set of criteria. Ius post bellum looks at justice after a war. We know that after a conflict is before a conflict. We therefore need to pay more attention to what happens after the weapons finally fall silent.

Here, the experiences of truth and reconciliation processes worldwide can help. Both dimensions belong inseparably together and both already begin during a conflict, not just after it. Truth, for example, requires the documentation of war crimes committed by all parties to ensure the prosecution of war criminals later on. And reconciliation is the conditio sine qua non for sustainable peace.

Russia’s war against Ukraine and its threats against NATO and Western countries demonstrate, not least that after the end of the Cold War, opportunities for genuine and sustainable reconciliation were missed as latent hatred, prejudices and stereotypes were allowed to linger.

Just Peace Theory emphasizes that building peace is an art and a craft. It requires specific skills, training and preparation. It also requires virtues of grace, persistence and forgiveness, Countless documented examples world-wide supply empirical proof that these methods actually work. Perhaps it is worth devoting some of the $2,113 billion (2021) of global annual military expenditure for training non-military approaches to address conflict resolution? To learn how to build peace as much as how to wage war? No? Yes? When?

Pathways to Peace

One such initiative is Pathways to Peace. Aiming at peace, justice and reconciliation in times of war, this initiative is currently being developed through the Conference of European Churches, a group of some 120 member churches in 38 countries. With their long-term involvement and intimate knowledge at the grassroot level, faith actors in civil society seem uniquely positioned to connect people, heal relationships, offer a new social imaginary and facilitate practical help.

The objectives of Pathways to Peace include among others to facilitate safe spaces for honest exchange between Ukrainian and Russian church leaders, to develop a network of church leaders and other civil society leaders for exchange on the preparation of peace or to bring together European youth, in particular Ukrainian and Russian young refugees.

The immense potential of faith actors in transforming conflict and building sustainable peace seems to have gone largely unnoticed in the public sphere. Given the prominence of faith in this conflict, it is about time that all relevant actors in our societies, including faith-based initiatives, joined forces to counter this major crisis of our time.

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Conspiracy theory

Freedom

Justice

6 February 2025

4 min read

Why free speech might just need a crime of passion defence

Horrific crimes against our humanity tell us we must protect our freedoms, not constrict them.

George Pitcher

George is a visiting fellow at the London School of Economics and an Anglican priest.

A protester stands with back to the camera, his baseball hat is turned backwards, it reads 'freedom'.

Gayatri Malhotra on Unsplash.

One of the silliest legal defences ever must be the “crime of passion”. Or crime passionnel, as the French knew it for centuries, which should really appear on a menu as one of those haute cuisine desserts they so adore, featuring poached passion fruits in Chantilly sauce: “Non, garcon, tenez-vous la Crepe Suzette. Aujourd’hui je voudrai la crème passionel, s’il vous plait. Et vite – ma femme arrive bientot.” *

But to digress in a first paragraph is a crime journalaise, which incidentally is a piece of Franglais that should apply to everything in Le Figaro. So back to crimes of passion. The idea was that an act of spousal infidelity could arouse such a passionate rage that the romantic interloper deserved what they got. First-degree murder could be downgraded to manslaughter, because obviously there can be no malice aforethought in the heats of passion.

The crime of passion’s bastard offspring is the “gay panic defense”. Note the tell-tale “s” there (though, breathtakingly, interpretations of this defence remain available in both the UK and the US). It runs that a defendant may allege to have found a same-sex sexual advance so offensive or frightening that they were provoked into murdering or otherwise injuring their alleged seducer. Victim-blaming or what?

Anyway, we might want to dust off crime of passion defences because a leaked report from the Home Office suggests that the definition of extremism in law could be extended to cover “extreme misogyny”, “environmental extremism”, “left-wing, anarchist and single-issue extremism” (it even has its own acronym, LASI) and “conspiracy theories”.

Now, I’m all for catching misogyny before anyone gets hurt, but all these things are covered by existing laws. And some of them are just plain bonkers. Were I to be charged with holding an extremist environmental opinion or an extreme left-wing, anarchist or single-issue view, I think I’d want to say that it was a crime of passion.

By which I would mean that there was no malice aforethought because I was acting in the heats of passion for my cause at a time when my balance of mind was impaired. Otherwise, I could get nicked for simply thinking or saying something. Sticks and stones and all that.

But horrific crimes against our humanity tell us we must protect and defend our freedoms, not constrict them. We want to prevent murders, not the saying or thinking of both silly and vile things.

To adopt Serious Face for a moment, I’m aware that hate crimes are a very big thing indeed. How could it be otherwise when we’ve just commemorated Holocaust Memorial Day. And we’ve also the other week had the sentencing of someone – I wouldn’t even spellcheck his name – for the murder of three little girls in Southport.

But horrific crimes against our humanity tell us we must protect and defend our freedoms, not constrict them. We want to prevent murders, not the saying or thinking of both silly and vile things. Our concentration should be on that prevention, not the forbidding of attitudes that might (but probably won’t in the vast majority of cases) lead to a violent crime.

Don’t get me started on Non-Crime Hate Incidents (NCHIs). Oh, you just did. Telegraph columnist Allison Pearson was visited by police last Remembrance Sunday and, surprisingly for someone who has built a career on telling snowflakes to grow a spine, came over all oppressed and persecuted. They were following up a photo she’d posted, claiming it was of Metropolitan Police posing with what she called “Jew-haters” at a London rally in support of Palestine.

In reality, the photo was taken in Manchester and featured Pakistanis, not Palestinians. There was a clue in their flag having “Pakistan” written on it. But that makes her not a very good journalist. Not a bad, far less a criminal, person.

A saying usually ascribed to St Augustine, in one of his letters, is that we are to “hate the sin and love the sinner”. Similarly, we must try to hate the crime, but love the criminal. That must remain humanly impossible for the crimes already mentioned in this column. (Though, astonishingly, history records some Jews finding it in their hearts to forgive their Nazi persecutors).

But we acknowledge that this is where the gospel bar is set. We’re to love our enemies, even if we don’t like them and we condemn their actions. In practice, that means preventing crime in law and holding perpetrators to justice. What it does not mean is going after people who say hateful and stupid things, while other people are actually doing hateful things. The former may and should be about sound intelligence gathering; the latter is effective policing.

This principle is rooted in our culture, founded on the golden rule of loving our enemies and our neighbours as ourselves. There’s always room for forgiveness as well as justice, as crimes of passion demonstrate.

And if that sounds recklessly self-sacrificial, we might look at the Passion of Christ and the crimes of passion that were committed during it. As he said himself, tout est accompli.

* "No, boy, hold the Crêpe Suzette. Today I would like the passion cream, please. And quickly – my wife is coming soon."

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