Tuesday, February 8, 2011

Cicero's Just War Theory


            Marcus Tullius Cicero was a great Roman orator, statesman, and philosopher and is known as the father of the “Just War Theory”. Although there are many classical philosophers who had their own versions of just war theory, Cicero was the classical originator of the idea. For Cicero, war had a clear purpose and he outlined how and when wars should be fought and how each type of enemy should be fought. He outlines many of his ideas in the following quotes from his De Officiis.

Cicero believes that the only reason in going to war is in hopes of eventually securing long-term peace in the future. He also believes in sparing those who were not barbarous in the fighting. He even goes as far as to suggest giving full rights to those who are conquered during war in certain cases.

“The only excuse, therefore, for going to war is that we may live in peace unharmed; and when the victory is won, we should spare those who have not been blood-thirsty and barbarous in their warfare. For instance, our forefathers actually admitted to full rights of citizenship the Tusculans, Acquians, Volscians, Sabines, and Hernicians, but they razed Carthage [in the 3rd Punic War] and Numantia [in Spain, 134 BC] to the ground.”

“I wish they had not destroyed Corinth; but I believe they had some special reason for what they did — its convenient situation, probably — and feared that its very location might some day furnish a temptation to renew the war. In my opinion, at least, we should always strive to secure a peace that shall not admit of guile.”

            Cicero also believes that in a just war soldiers must have consideration for those who lay down their arms and show them mercy.

“Not only must we show consideration for those whom we have conquered by force of arms but we must also ensure protection to those who lay down their arms and throw themselves upon the mercy of our generals, even though the battering-ram has hammered at their walls. And among our countrymen justice has been observed so conscientiously in this direction, that those who have given promise of protection to states or nations subdued in war become, after the custom of our forefathers, the patrons of those states.”

            Cicero also addresses the legality of war stressing that only legally registered soldiers should be allowed to fight the enemy.

“So extremely scrupulous was the observance of the laws in regard to the conduct of war. There is extant, too, a letter of the elder Marcus Cato to his son Marcus, in which he writes that he has heard that the youth has been discharged by the consul, when he was serving in Macedonia in the war with Perseus. He warns him, therefore, to be careful not to go into battle; for, he says, the man who is not legally a soldier has no right to be fighting the foe.”

            Individuals must also keep any promises made to the enemy no matter what the circumstance. Promises to the enemy can only be broken if the promise would prove harmful to those whom the promises were made.

“Again, if under stress of circumstance individuals have made any promise to the enemy, they are bound to keep their word even then. For instance, in the First Punic War, when Regulus was taken prisoner by the Carthaginians, he was sent to Rome on parole to negotiate an exchange of prisoners; he came and, in the first place, it was he that made the motion in the Sen ate that the prisoners should not be restored; and in the second place, when his relatives and friends would have kept him back, he chose to return to a death by torture rather than prove false to his promise, though given to an enemy.”

“Promises are, therefore, not to be kept, if the keeping of them is to prove harmful to those to whom you have made them; and, if the fulfilment of a promise should do more harm to you than good to him to whom you have made it, it is no violation of moral duty to give the greater good precedence over the lesser good. For example, if you have made an appointment with anyone to appear as his advocate in court, and if in the meantime your son should fall dangerously ill, it would be no breach of your moral duty to fail in what you agreed to do; nay, rather, he to whom your promise was given would have a false conception of duty if he should complain that he had been deserted in time of need”

            Cicero recognized that in some cases wars are fought for supremacy and glory but that these wars must still not fail to start from the same motives for peace that he outlined above.

“But when a war is fought out for supremacy and when glory is the object of war, it must still not fail to start from the same motives which I said a moment ago were the only righteous grounds for going to war. But those wars which have glory for their end must be carried on with less bitterness. For we contend, for example, with a fellow-citizen in one way, if he is a personal enemy, in another, if he is a rival: with the rival it is a struggle for office and position, with the enemy for life and honour. So with the Celtiberians and the Cimbrians we fought as with deadly enemies, not to determine which should be supreme, but which should survive; but with the Latins, Sabines, Samnites, Carthaginians, and Pyrrhus we fought for supremacy. The Carthaginians violated treaties; Hannibal was cruel; the others were more merciful.”

Books:
Just War Theory (Readings in Social and Political Theory)
By Jean Bethke Elshtain

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