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War & peace
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 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.
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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Justice
Redemption
4 min read

The case of Peter Sullivan proves once and for all why we shouldn’t bring back the death penalty

It’s not the wrongly convicted who are redeemed when justice is done - it’s all of us.

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

A court sits, with judges raised above the others.
The Court of Appeal.
Judiciary.uk.

The quashing of the conviction this week of Peter Sullivan, who served 38 years in jail for a murder he did not commit – along with the release in 2023 of Andrew Malkinson, cleared of rape after 17 years inside – are deeply shameful. They are revolting stains not only on our judiciary, but on all those who politically invigilate it and on the rest of us who elect them. We should all be deeply ashamed. 

As we peep through our fingers at these terrible travesties of justice and the lives that have needlessly been wrecked, it’s natural to ask what we do next. In the absence of time travel, we can hardly make it up to Messrs Sullivan and Malkinson. 

But we can grapple with what they mean to us for the immediate future. Probably the first and easist thing to say is – if I may not so much mix a metaphor as summarily execute it – that they should hammer legislatively the final nail in the coffin of the death penalty. 

Sullivan would doubtless have swung for the murder of florist Diane Sindall in 1986 that he did not commit, if execution by hanging (or by other means) had not been abolished in 1965. True, rape hasn’t been a capital offence since 1841, when the penalty became transportation (which was almost as irreversible as death). 

But Malkinson’s case rather makes the point: The very fact that he was still incarcerated meant that he could be released. Let’s take a case in which no such remedy was available – Derek Bentley, say, who was hanged in 1953 for allegedly abetting the murder of a police officer and exonerated, a trifle late, in 1998. 

The arguments of thornproof and white-knuckled proponents of the death penalty may be as swiftly dispatched as they would wish such innocent victims to be. They were probably “wrong ‘uns” anyway. Their sacrifice would have discouraged others from committing heinous crimes. The taxpayer shouldn’t have to pay for their decades in the slammer. Well, pah. Try telling any of that to the Sullivan family. 

But these are not, to my mind, the biggest issues and, enormous as they are, that must make the biggest pretty gargantuan. I wish to address the business of redemption. 

But we can ransom the present to redeem our future.

Now, when I mention this word to those holding the pitchforks, prodding people they despise towards the scaffold, they usually assume I’ve come over all pious and priestly. And I suppose I have. But they invariably misunderstand what we mean by redemption.  

The assumption is that the victim of the miscarriage of justice can be redeemed if they are still alive. Their life is in some way redeemed from suffering. That’s true, so far as it goes, but it’s not really what we should mean by redemption in these circumstances. 

The Latin root of the word refers to the buying back, or the paying of the ransom, of a slave to enable his or her freedom. The ancient scriptural usage of the word relates often to the saving actions of the Hebrews’ God, in redeeming his people from slavery in Egypt, and to the Christian culmination of that redeeming work at the cross (totally uncoincidentally, both events are commemorated at the Jewish Passover, that first divine covenant being, in Christianity, fulfilled in the second). 

The debate down the ages has substantially concentrated on to whom the ransom of that latter redemption was paid. For some, it was paid to a vengeful and wrathful God, for others to a somewhat gullible Satan, who took the bait of pay-off. Either way, a debt was paid which released humanity from bondage and slavery. 

The theology of this can only be satisfactory to a proportion of people who read it, whether believers or not. The important matter is to whom the act of redemption is of value. A slave who died building a pyramid for a pharaoh doesn’t seem to have been redeemed in any more meaningful sense than the young Bentley being pardoned 45 years after he was hanged. Exoneration isn’t redemption. 

In the Christian tradition, it’s significant that the compilers of the gospels and the books thereafter develop less the idea of ransom to explain the cross, than the idea of deliverance from bondage that was its result. 

And there the answer, rather than the victims, hangs before us. We can’t redeem the injustice of the past, anymore than we can give Sullivan and Malkinson back their lost years. But we can ransom the present to redeem our future. 

To those who claim that murderers and rapists “get off” because of “loopholes” in the law, we say there are no loopholes, only the law. And we’re all enriched when we get the law right. So, ultimately, it’s not the wrongly convicted who are redeemed when justice is done and they’re finally released. It’s all of us.