Friday, December 5, 2025
On the laws of war and moral integrity
David French, Pete Hegseth Is Doing Something Even Worse Than Breaking the Law, NYTimes, Dec. 4,2025.
This is a long column, worth reading in full, but I'm only going to print a few excerpts. The opening paragraph:
In their military campaign in South America, Donald Trump and Pete Hegseth aren’t just defying the Constitution and breaking the law. They are attacking the very character and identity of the American military.
Then comes a discussion of the rationale for the laws of war and of the current case, the strikes of September 2. Then, after the half-way point:
The laws of war aren’t woke. They’re not virtue signaling. And they’re not a sign that the West has forgotten how to fight. Instead, they provide the American military with a number of concrete benefits.
First, complying with the laws of war can provide a battlefield advantage. This year I read Antony Beevor’s classic history of the end of Nazi Germany, “The Fall of Berlin 1945.” I was struck by a fascinating reality: Hitler’s troops fought fanatically against the Soviets not simply to preserve Hitler’s rule (most knew the cause was lost) but also to slow the Red Army down, to buy more time for civilians and soldiers to escape to American, British and French lines.
In short, because of our humanity and decency, Germans surrendered when they would have fought. The contrast with the brutality of the Soviets saved American lives.
I saw this reality in Iraq. By the end of my deployment in 2008, insurgents started surrendering to us, often without a fight. In one memorable incident, a terrorist walked up to the front gate of our base and turned himself in. [...]
Second, the laws of war make war less savage and true peace possible. One of the reasons the war in the Pacific was so unrelentingly grim was that the Japanese military never made the slightest pretense of complying with the laws of war. They would shoot shipwrecked survivors. They would torture prisoners. They would fight to the death even when there was no longer any military point to resistance.
We were hardly perfect, but part of our own fury was directly related to relentless Japanese violations of the laws of war. We became convinced that the Japanese would not surrender until they faced the possibility of total destruction. And when both sides abandon any commitment to decency and humanity, then the object of war changes — from victory to annihilation.
Even if only one side upholds the law of war, it not only makes war less brutal; it preserves the possibility of peace and reconciliation. That’s exactly what happened at the end of World War II. For all of our faults, we never became like the Soviets and thus have a very different relationship with our former foes.
Finally, the laws of war help preserve a soldier’s soul. We are a nation built around the notion of human dignity. Our Declaration of Independence highlights the worth of every person. Our Bill of Rights stands as one of the world’s great statements of human dignity. It is contrary to the notion of virtuous American citizenship to dehumanize people, to brutalize and oppress them.
There's more at the link, much more.
On the moral cost of the boat strikes [blood and circuses?]
Phil Klay, Trump’s Boat Strikes Corrode America’s Soul, NYTimes, Dec. 5, 2025.
There are many reasons to object to the policies that the Trump administration’s videos and memes showcase. Yet the images themselves also inflict wounds[...] The president inhabits a position of moral leadership. When the president and his officials sell their policies, they’re selling a version of what it means to be an American — what should evoke our love and our hate, our disgust and our delight. If all governments rest on opinion, as James Madison thought, then it is this moral shaping of the electorate that gives the president his freedom of action, and that we will still have to reckon with once he is gone.
Later:
There are many reasons to object to the policies that the Trump administration’s videos and memes showcase. Yet the images themselves also inflict wounds, of the kind that Alypius suffered when he raised his eyelids. The president inhabits a position of moral leadership. When the president and his officials sell their policies, they’re selling a version of what it means to be an American — what should evoke our love and our hate, our disgust and our delight. If all governments rest on opinion, as James Madison thought, then it is this moral shaping of the electorate that gives the president his freedom of action, and that we will still have to reckon with once he is gone.
The president’s supporters seem to grasp this. Fox News’s Jesse Watters responded with utter incredulity that the United States would offer quarter to an enemy. “We’re blowing up terrorists in the Caribbean,” he said on Monday, “but we’re supposed to rescue them from drowning if they survive?” Others went further. “I really do kind of not only want to see them killed in the water, whether they’re on the boat or in the water,” Megyn Kelly, the conservative podcaster, said, “but I’d really like to see them suffer. I would like Trump and Hegseth to make it last a long time so they lose a limb and bleed out.”
An Associated Press investigation suggests that the men Ms. Kelly would like to watch slowly die are often poor laborers: a fisherman, a motorcycle taxi driver, a bus driver, living in cinder-block homes with spotty water and power service, making at least $500 per trip ferrying cocaine, a crime Americans normally judge worthy of a prison sentence rather than a torturous death.
The Trump administration’s celebration of death brings us far from discussions of the law of armed conflict, the constitutionality of the strikes or even the Christian morality that would eventually push Augustine to formulate an early version of just-war theory. We’re in the Colosseum, one brought to us digitally so that we need not leave our homes to hear the cheers of the crowd, to watch the killing done for our entertainment and suffer the same harm that injured Alypius more than 1,600 years ago.
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