Monday, March 3, 2008

Miller - Jus as Bellum and an Officer's Moral Obligations: Ignorance, the Constitution, and Iraq

Jus in bello - Justice in War
Jus ad bellum - Justice of War


1. The Moral Equality of Soldiers?

I agree with the points that Miller brings up regarding Walzer. I feel that you cannot blame the individual soldier for war because most soldiers are forced into doing what they are told. This does not say - of course - that the soldier as no morality, it simply means that it was not the decision of the soldier or of a typical citizen whether or not to go to war. Also, it is true that we aren't always given all the facts that are leading up to war which is a problem because the citizens of a democracy have a right to be told this information, but rarely are told of all the facts. I guess one reasoning may be because as a democracy there is some fear and mistrust of the people. The very reason we have an electoral college is because we don't trust the blind and uninformed ideals of the majority. It is the same when declaring war. Yes, a soldier and citizen are ignorant to wars.

2. Soldiers and the Duty to Obey the Law

Here, Miller seems to try to formulate an overly convoluted and technical argument. He seems to be suggesting that US treaties override congressional orders - such as declaring war. Since the UN Charter seems to forbid all acts of war or "aggression" unless approved by the UN security council or as an act of self-defense, then a soldier fighting in a war that doesn't fit this criteria should not fight because it would contradict his or her own duty. I think that is the argument, which I feel is not very well founded and a perversion of the original meaning of duty, supreme law, and that of a soldier. Also, the question that has plagued this entire unit still remains, what is considered self-defense? Were the 9-11 attacks an aggressive attack on the US? If so, are we supposed to do nothing since it was not a nation that attacked us? There are far too many questions to give concrete answers to this topic.

3. Gulf War II as an Illegal War

I do not agree with Miller's statements in the previous sections and therefore I do not agree with what he is saying here. He just seems to be making too many obscure connections. I don't understand how performing a duty under the order of the Congress and the President is disobeying one's duty to the Constitution. I am almost a college education individual - much like these officers he was talking about - and I don't make this connection. It seems to be an ill-founded argument. Maybe the Iraq War was a mistake, but I will refuse to ever blame the troops that are out their giving their lives in service to this country.

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