A Comment About

Is the War in Gaza Immoral?

January 11, 2009 - 2:13 am - by Eli Bernstein
ajacksonian
2009-01-12 02:38:58

By seeking to explain criteria for war, the actual citation of what war actually is, that being the right of the individual, is not addressed.

As individuals we all have the right to wage war. Actually doing so is a negative liberty when attacking others and a positive liberty when done for self defense. That negative liberty we, as civilized individuals, invest in the Nation State to protect our society and ensure that it is protected against other Nation States (who also have the negative liberty of aggressive war at their disposal) and against those humans who reclaim their full set of rights and liberties and revert to the Law of Nature and turn away from the civilized understanding of the Law of Nations.

The object of the Nation State is to ensure that the practice of individuals reverting to the savage state of Nature are ended, both within and outside of the Nation State. That is a responsibility that comes with that common investment of our individual negative liberty that we invest in the Nation State for our self-protection.

The negative liberty of war, that is aggressive war, itself has multiple positive and negative aspects or rights. That is only partially represented by ‘Just War’ theory. The negative exercise of aggressive war is for conquest, teritorrial expansion and for self-indulgence of rulers of Nation States. The positive excercise of the negative liberty of war is in the self-protection of the Nation State via pre-emptive war where the survival of the Nation State is put at risk by not waging such war. The description of such wars and the rights and responsibilities Nation States have as our creation are all part of the Law of Nations.

In the US we have sub-National States which are given the right to organize a non-standing force known as a Citizen’s Militia. That is codified in Article 1, Section 10, so that the individual sub-National States are barred from raising armies and navies except when the National government cannot or will not respond to the threat of invasion or danger that does not brook delay. Then that State reclaims the negative liberty for warfare for itself to exercise on behalf of its Citizens. The sub-National State structure and the Nation State cannot take the negative liberty of warfare from individuals as it is part of the human right of warfare we are all born with.

When, as an individual, we find that savage humans who have reclaimed their negative liberty of warfare to attack us, as individuals, our full right of warfare returns to us as it is our positive right of survival and self-defense that cannot be divorced from us by our Nature, and that the only response when threatened by the threat of warfare against our persons is to responsd in kind and hold ourselves responsible to our agreed-upon law once that action is taken. Unlike savages we agree to put down the weapons of war once we have defended ourselves, and be held accountable. We may still practice with those self-same weapons as the right of self-defense is the positive liberty of warfare that we cannot hand to any Nation State as we are responsible for our own self-protection.

From that understanding Israel, as a Nation State has the right of any Nation State to wage war against those individuals who have reverted to their savage, Natural state of being.

Those who have not done so and see their fellow man revert to savages must seek higher authority to put them to an end, flee from them or, if they are caught up in such savage actions, do their best to thwart or end them so as to protect themselves and their society via lawful means and agreement.

Those who sit placidly by and do *nothing* are as culpable as those attacking via savage means absent the Nation State as they see no reason to act in a civilized manner. The rights and liberties of war come with responsibilities not only at the Nation State level but at the level of each and every individual. Those that do not run, do not seek the shelter of accountable Nation State means, who do not seek to put an end to savage humans and their war activities are as guilty as those waging such savage war as they see no reason to act to stop such savagery. Only if you are caught unarmed and confined can you be given leeway, or if loved ones you hold dear are similarly held… yet escape and getting cognizant and accountable authorities to end such savagery must be your top and main goal.

By not acting in a civilized fashion and having no legal and accountable Nation or State structure that can put an end to such savage humans, those who live in such areas by living in them and not seeking to construct such accountable authorities are as culpable as those attacking as they are not trying to end savage activities and hold those individuals accountable. All that takes is banding together, forming a code of fighting in accordance with well understood principles of warfare, putting on uniform, holding yourself accountable to that structure not only internally but through external intercourse with other States and Nations, and then fighting to put down and end savagery around you.

That is war to create a Nation State and hold yourself accountable to agreed-upon organs and authority.

When Palestinians actually start doing those things to end the savages in HAMAS, Fatah, and those Hezbollah and al Qaeda organizers in their lands, then they will have taken a positive step towards self-control and accountability by putting an end to savagery. So far that hasn’t happened. And those sitting around and doing *nothing* in those territories are endorsing the current state of affairs by the positive decision to do *nothing*. And that is as uncivilized as those waging savage war and indicates that they prefer a state of savagery to any other condition.