I am a retired U.S. Army officer who believes in the moral standing of the profession of arms yet recognizes its shortcomings. I served in the Army from 1984-2017, mostly in the infantry and on the faculty at West Point. As a researcher of combat leadership and ethics, I interviewed hundreds of Army junior officers in Iraq, Afghanistan, and at their home stations between 2002-2024. Welcome to this online space for thinking about war, morality, and the profession of arms. I welcome your feedback.
Developing a Coherent Moral Argument
Not everyone in our society, however, accepts these legal answers to moral questions. War pacifists are people who believe that war is morally unjustifiable. They claim that soldiers are morally wrong to participate in war and to kill other human beings, regardless of what’s legally permissible at the time.
I am concerned that we in the profession of arms do not do enough to prepare our soldiers to understand and justify their actions in moral terms. This allows many soldiers to needlessly suffer moral guilt, and it leaves them vulnerable to the arguments of war pacifists. Our soldiers deserve better.
In the ensuing posts, I investigate “morality and war” from a soldier’s perspective without resorting to legal justifications. My intent is to empower our profession to better understand the moral reality of war. What I write here is not doctrine. I speak only for myself—a career Army officer (infantryman) and Army-educated ethicist—and hope that our discussions around this topic will deepen our commitment to and comfort with our vocation as warriors.
These posts mark the beginning of what I hope will become an extended, coherent, rights-based argument that addresses the fundamental moral questions of war. It is divided into two sections. The first section explains why soldiers are morally justified in killing enemy combatants, and it offers a framework for moral decision-making in those tragic circumstances of war when our actions will likely cause unintentional harm to non-combatants (i.e., collateral damage). The second section challenges the age-old notion of the “moral equality of soldiers” and suggests that soldiers’ moral justification for killing in war depends on the overall justice of the war. Future additions to this essay will continue this rights-based line of argument to its logical conclusion that soldiers are not morally justified if they kill in wars that are unjust. That, in turn, will lead to examinations of the moral justification of war and of the legitimacy and limits of conscientious objection.
I invite and welcome your critique and suggestions for improvement.
Killing in War: a Rights-based Justification
Why killing enemy combatants is morally justified
BLUF: When we kill enemy combatants, we are not violating their rights to not be killed, because they have already forfeited that right by their free choice to violate the rights of others to not be killed.
Every person, by virtue of being a human being, possesses the right to not be killed by another person. This is commonly referred to as the “right to life,” but the term “right to not be killed” is more precise. Our rights, for example, are not violated when we die of heart disease, cancer, or a lightning strike. Our “right to life” is violated only when another person intentionally or negligently acts to kill us.
The term “right to not be killed” also makes clear that we possess rights only in relation to other human beings. If a dog bites us, the animal has not violated our rights. Perhaps the dog’s owner has, if she negligently allowed the dog to roam unleashed, but the dog itself cannot be said to have violated our rights. We possess rights only in relation to other human beings who can be held accountable for their choices.
Our rights as human beings put limits on how others can act towards us. One person’s right has priority over another person’s freedom. For example, my right to not be killed trumps my angry neighbor’s freedom to kill me over our dandelion dispute. Were he to kill me, he would commit a moral wrong. To paraphrase the philosopher J. S. Mill, we possess the freedom to choose our actions provided they do not violate the rights of another. Rights must trump freedoms, if rights are to have any meaning at all.
Rights themselves are absolute, but possession of them is not. People forfeit their rights if and while they are engaged in violating the rights of others. This explains the rights of self defense and defense of others. When an attacker violates the right to life of those who possess it, he forfeits his own right to not be killed.
Enemy combatants are people who are engaged in violating and threatening the rights of others to not be killed or enslaved. Thus, when we kill combatants, we do no moral wrong; we violate no rights. In fact, we vindicate the rights of those people whom the enemy combatants were threatening.
The Problem of Collateral Damage
BLUF: In war, the least among morally wrong options is the morally right choice.
War would be morally less complicated if our enemy would agree to face us on a field of battle away from noncombatants. That way, we could be sure to kill only those who had already forfeited their right to not be killed.
Unfortunately, our enemy is our enemy precisely because he seeks the death of non-combatants, if not by his own guns than even better by ours. Thus, we must fight against an enemy who hides among noncombatants, using them as human shields to create for us a moral dilemma—whether to protect the noncombatants (which is our end, or goal) or to kill enemy combatants (which is a primary means to achieve our goal).
What should a soldier do when faced with a situation in which a proposed plan of action to kill enemy combatants will likely also kill noncombatants? It is impossible to say outside of the context of the particular battle space; the soldier will have to make difficult decisions that involve tradeoffs. The decision, however, should be based on a framework that respects the rights—short-term and long-term—of those who still retain them, i.e., their own soldiers and noncombatants.
A Framework for Choosing a Course of Action
In a situation where a combat action could foreseeably risk the rights of non-combatants, soldiers are morally obligated to choose the course of action that in their judgment best respects the rights of those affected. Leaders must take into account the mission, their fellow soldiers, and non-combatants.
Mission accomplishment can be understood in terms of rights. In a just war, the overall mission is to defend human rights. The many missions that subordinate units do in support of that overall mission are the means by which the overall mission gets accomplished. These sub-unit missions may vary in how directly and substantively they support the overall mission, but they do contribute. The more directly and substantively they contribute, the more significance they have to supporting human rights. Any mission, then, can be evaluated in terms of its importance to the long-term defense of rights of everyone involved.
Military leaders must also take into account the rights of their own soldiers, who are fighting to defend the rights of others. Although soldiers are volunteers who willingly accept the risks of their profession, their leaders must develop and choose courses of action that accomplish the mission without unduly risking the lives of those entrusted to them.
Finally, leaders must incorporate the rights of potentially affected noncombatants into their course-of-action analyses. To some in our profession, the leadership mantra “Mission First, People Always” is interpreted as “Mission First, Soldiers Always,” thus overlooking our duty as military professionals to protect noncombatants. The fact is, every human being possesses the right to not be killed, unless by his own choice to violate the rights of someone who retains her rights, he forfeits his own right. This is not a binary condition; people can forfeit some of their rights claim, according to their participation in a rights violation. Thus, civilians can lose some of their right to not be killed if they support the rights-violating activities of enemy combatants. For example, a noncombatant who allows enemy combatants to assembly in her house forfeits much of her right to not be killed.
Because there are, in combat situations, a nearly infinite number of possible situations involving varying levels of risk to mission, soldiers, and noncombatants, it is impossible to develop a flow-chart-like algorithm that would produce morally justified courses of action. Leaders have to assess their particular situations and use their professional judgment. As a guideline and to foster discussion on this important topic, I offer the following two (rather extreme) examples to demonstrate how the Mission-Soldiers-Noncombatants framework can inform leaders’ decisions.
Analysis 1: in this situation, accomplishment of the mission (water re-supply) does not require the soldiers to kill their attackers. In the big story of the war, the ambush will not even be a footnote. Also, given the distance of the ambush, the safety of the soldiers is not a major issue as they continue their mission. Finally, there is no evidence that the noncombatants who may be in the line of fire to the ambushers have forfeited their own rights to not be killed.
One reasonable conclusion: the soldiers would NOT be justified in returning large volumes of un-aimed fire. The risk to the rights of noncombatants would not be balanced by a commensurate benefit to mission accomplishment (long-term rights) or force protection (soldiers’ rights).
***
Analysis 2: in this situation, accomplishment of the mission does require destruction of the enemy. Our own soldiers are already at great risk; their loss of momentum is likely providing the enemy time to maneuver. Moreover, other soldiers in adjacent units are relying on the soldiers’ continued progress to protect their flanks. Finally, the civilians had the opportunity to escape the situation, so they must bear some of the risk; they have compromised some of their own rights to not be killed.
One reasonable conclusion: destroy the enemy position with direct tank or fighting-vehicle fires. Respect for noncombatant rights should limit our use of less discriminating systems such as field artillery and fixed-wing close-air support. Respect for our own soldiers’ rights impels us not to attempt a dismounted assault.
There is much more that could be said about these examples—much more information that leaders should take into account. What is important morally, though, is that military leaders’ course-of-action analyses and decisions give due respect to all relevant factors in such situations—the mission, friendly soldiers, and noncombatants.
Rejecting the Moral Equality of Soldiers
Traditional Notion of the Soldiers’ Moral Equality
BLUF: Those who defend rights do not forfeit their own rights.
My argument thus far has assumed that we are the “good guys” and enemy combatants are the “bad guys”; that we retain our right to not be killed while they have forfeited theirs. Believe it or not, the long tradition of just-war thought rejects this notion—instead claiming that all combatants, on both sides of a conflict, are “moral equals” (Walzer 1977; Christopher 1999).
Briefly, the argument for the “moral equality of soldiers” states that since combatants on both sides take up arms against each other, then all combatants are both threats to their enemy and threatened by their enemy. Combatants on both sides, by this account, are equally guilty of being threats, so they all forfeit their right to not be killed. Consequently, all combatants are also equally innocent of violating their enemy’s rights. Thus, soldiers on both sides are moral equals, and no moral wrong is committed when one combatant kills another.
The moral equality of soldiers has an obvious superficial appeal to both soldiers and politicians. To soldiers, it anesthetizes them of their responsibility to fight only for a just cause, and it relieves them of any moral responsibility for killing enemy combatants. To politicians, it ensures that their armies will wage the wars they launch. We should not be surprised, then, that the moral equality of soldiers has been written into the laws of war. It makes war more palatable, morally and politically.
Moral Implications of the Moral Equality of Soldiers
BLUF: To subscribe to the moral equality of soldiers is to equate soldiers to mafia thugs or gang members, no better or worse than their enemies.
Should we accept the idea that enemy combatants are our moral equals? As a soldier, I am offended at the claim that soldiers who fight for human rights and freedoms have the same moral standing as those who fight for Nazi or Islamist fascism. Moreover, as an ethicist, I am concerned that we would accept an argument that rationalizes killing on the basis that no one is morally wrong because everyone is morally wrong; i.e., all combatants have forfeited their right to not be killed, so none of them is wrong to kill each other. This line of reasoning has implications that we should be unwilling to accept. As we will see in the ensuing paragraphs, it is only the moral inequality among people in a context that gives killing in self defense its moral authority.
Consider, for example, a situation in which someone who has forfeited his right to not be killed engages in conflict with someone who retains that right. Imagine that an armed bank robber has taken a hostage at gunpoint. By threatening the life of the hostage, the robber has forfeited his right to not be killed. Imagine further that a police officer then arrives at the scene and aims her firearm at the robber. Has the officer done anything wrong? No. Not only has the robber already forfeited his right to not be killed, but also the police officer has an obligation to protect innocent people, including the hostage. Would we say that the police officer, by virtue of “threatening” the robber, forfeits her own right to not be killed? Would the robber be justified in shooting the officer in “self defense”? Of course not, on both counts. Context matters. The officer cannot violate the rights of someone who has already forfeited them. The moral inequality between the robber and police officer makes it morally acceptable for the officer to kill the robber, but not vice versa.
Consider, on the other hand, a situation in which all parties have forfeited their rights to not be killed. Imagine two organized crime “families” that make their money by threatening the lives of businessmen and who compete over the same turf. They are “at war,” ready to knock off their rival extortionists at any opportunity. In this situation, “family members” (assuming that membership is voluntary and informed) on both sides have forfeited their rights to not be killed. If a member of one family attacked someone from the other family, there would be no violation of rights. If the body guards fended off the attack and killed the attacker, they would not be morally justified. Nor, by this argument, would they be morally wrong. They would simply be killing in self interest, not justified self defense. In itself, that is not a violation of rights. However, if any innocent bystanders were killed in the exchange, the Mafioso would bear a grave moral burden, because they would have violated the victims’ rights to not be killed, and have done so for no morally worthy reason.
Are American soldiers analogous to the police officer or to the mafia hit men? Are we defenders of rights or amoral mercenaries? To subscribe to the moral equality of soldiers is to equate soldiers to the mafia thugs, no better or worse than their enemies. On the other hand, to subscribe to the idea that soldiers are analogous to the police officer entails that soldiers must act for a just cause. Soldiers must maintain their moral authority by threatening only those people who have already forfeited their rights to not be killed, and they must not do anything that forfeits their own rights. In other words, they have to fight in wars that are just. Is this a reasonable requirement?
The notion of the moral equality of soldiers can be traced to the Medieval Age and the concept of soldiers’ “invincible ignorance.” Invincible ignorance was the claim that soldiers are either too ignorant or uninformed, or both, to determine whether their side is the aggressor or the defender in a war. Thus was born the conditions that gave rise to the moral equality of soldiers. These conditions, however, no longer apply, at least not in the developed world. Perhaps it was once the case that soldiers were invincibly ignorant, when feudal lords rallied their illiterate serfs to battle, but it is certainly not true today. Today’s soldiers are educated and have access to a wealth of information. To assume that all soldiers are “invincible ignorant” and thus incapable of judging the justice of a war is misinformed, inaccurate, and insulting to soldiers.
What we owe our Soldiers
1) What are our moral obligations as leaders to our soldiers?
There are probably tons, but here are some thoughts off the top of my head:
a. Train them to be proficient in their wartime tasks, so they have the best chance of accomplishing their mission and returning home alive.
b. Respect them as persons--this includes things such as recognizing their family obligations and not humiliating them and looking out for their long-term welfare (encourage GI Bill, financial counseling, etc). A part of respecting our soldiers as people is ensuring that they can integrate their soldierly tasks with their human ones--that they can make sense of the death they see and deal. If we recruit people, train them to kill, order them to kill, and then not help them make sense of killing so they can go on with their lives, then we're using them as mere soldiers, not treating them as soldiers who are people--before, during, and after their service.
2) How do leaders lessen a soldier's psychological impact of killing?
a. Preparation is HUGE. According to killologist Dave Grossman, one of the three critical components of developing PTSD is surprise--facing an unexpected trauma. As leaders, we can help by talking with our soldiers about how upsetting killing can be. It shouldn't come as a shock to them--real war ain't a range.
b. We can also let them know what we as leaders care about fighting morally. They may not have the education or maturity to understand it all, but they should have the confidence that someone they trust does. Then we just have to walk the talk.
c. Third, after a fight we can help by talking about it, and encouraging our soldiers to do the same. Most PTSD doesn't begin showing until months or years after the trauma, when Soldiers have the time to reflect and think about things. If we as leaders recognize this, then we'll be in a position to be there for our troops (including those who fought with other units on previous tours), and we'll know that killing another human being isn't something that most people "get over" quickly or easily.
I hope this helps. Let me know how it goes.
NPR Interviews
I'll be interviewed today (Wed, 24Aug) on the syndicated radio show Here and Now at 12:10pm EDT, and tomorrow (Thur, 25Aug) on WNYC's Leonard Lopate show from 1:15-2pm EDT. Feel free to listen in and send me your feedback.
Are ROE sufficient?
I respectfully disagree. First of all, would you ever try to justify an action as moral by saying, "The lawyer said it was ok"? I think that we all know that what's legally permissible and what's morally permissible can be very different. In almost all cases, they do correspond with each other, but they may not always, and they come from different sources. Law and policy is contingent--written by a lawyer or commander; morality is necessary--it has a less flawed, more enduring Author. Thus, for a soldier who has killed someone in Fallujah, the knowledge that the JAG in Baghdad or Arlington would say that the killing wasn't illegal isn't going to be a great comfort to his conscience. He already knows that, since he acted IAW ROE, he won't be court-martialed; but he may still wonder if what he did was morally wrong.
I dispute the claim that Soldiers who are familiar with the justification of killing in war would undermine discipline by being more likely to hesitate and put themselves and others in jeopardy. For one, a well trained Soldier will react reflexively to an imminent threat, without having to think, regardless of his knowledge about morality. Second, in those ambiguous situations where a Soldier must think and use his judgment, a well formed ability to reason morally will aid him in making the right decision, faster. Third, if a proposed action that is permissible under ROE turns out, in a particular sitution, to be immoral, we WANT to have Soldiers who are sufficiently morally aware to make the morally correct decision.
In the end, though, I just can't see a Soldier reflecting--days or years after killing in war--on his actions and saying, "I did what was morally right; I acted within the ROE." I HAVE heard statements like that, but they ring of rationalization and guilt, not justification and peace.
The ROE are the "cheat sheet" that provide the basics for conduct in combat, but I'm convinced that a deeper appreciation of the moral principles that are prior to--and foundational for--the ROE will better support Soldiers' long-term development as Soldiers and as people.
Link to masters thesis
Chapter 1 is a critique of Michael Walzer's Just and Unjust Wars, which is used at West Point and is the best text on Just War Theory. Walzer understands warfare, but he implicitly relies on an account of killing in self defense that is much too permissive, one that claims that we are justified in killing anything or anyone that threatens us.
Chapter 2 is a critique of war-pacifism as laid out in Richard Norman's Ethics, Killing, and War. I argue that he presents a strong case for when killing is and is not justified, but--because he simply does not understand soldiers and warfare--he applies his criteria inaccurately to soldiers in war.
In Chapter 3, I show how Norman's account of justified killing can be combined with Walzer's more accurate understanding of warfare to produce a moral justification for killing in combat.
This was my first deep thinking on the subject, so I invite and welcome any critiques of the argument.
Warfighter or Security enforcer: the moral implications
A Soldier who fights in a high-intensity war against a uniformed enemy can confidently assume that every enemy soldier is a combatant, a threat, someone whom it's morally permissible to kill. That's why Soldiers don't fire warning shots; instead, they aim to "put two in the chest." People downrange are to be killed unless they surrender or become incapcitated.
In contrast, a Soldier who is part of a security force in a situation where his mission is to protect the people and where a non-uniformed enemy hides among the people, such as the situation we face in the Iraq COIN, faces a calculus more like that of a police officer. He must assume that people are innocent civilians until evidence suggests otherwise. People downrange are to be protected unless they show hostile intent.
This puts Soldiers in a bind; it gives the bad guys a huge advantage. The bad guys usually get to initiate fires, forcing Soldiers to transform from cops to killers in an instant.
I worry that this too easily creates an over-reaction. Our Soldiers are doing a remarkable job overall of limiting collateral damage, but one area I worry about is some units' "react-to-contact drills" that include firing every weapons system, immediately in all directions, as suppressive fire, with or without targets. Doing this, of course, often leads to harm to innocents, which can be traumatic to the Soldiers who did the firing. Needless to say, it also furthers the insurgents' cause, "proving" that we don't care about the lives of Iraqis.
Like I said, this is a huge challenge for leaders on the ground. With very few exceptions, we ARE adhering to the laws of war, while the insurgents and terrorists are violating just about EVERY law of war (e.g., steal an ambulance, execute the driver, pack the ambulance with explosives, and intentionally kill children; does it get any worse than that?), to include not wearing uniforms.
But we have to find and share effective ways to help Soldiers transition seamlessly and continuously between their roles as warfighters and security forces. Soldiers who kill innocent people because of TTPs that privilege "force protection" over "moral justification" will one day pay the price of PTSD. Leaders need to be proactive and continuously seek ways to train their Soldiers to make justifiable moral calculations, even in the most difficult circumstances.
note: Thanks to LTC Tony Pfaff, whose ideas in this area have sparked my thinking. He has written a chapter (one I've heard about but not read) on this topic in a forthcoming book on the Army Profession.
Talking about this stuff "publicly"
Some of my fellow Soldiers have questioned whether I should be addressing this issue--the need to talk about the moral justification of killing and its possible linkage to PTSD/PITS--in such a public forum. There's a concern that this is our 'dirty laundry' that we shouldn't air out for everyone to see.
So, here's some thoughts on why I think we as Soldiers should talk publicly about this issue:
Public discussion on killing will be good for the Army and its relationship with the people its serves because civilian readers will likely be pleasantly surprised-to-shocked to realize that: the Army actually educates and trains Airborne-Ranger types who care deeply about morality in war; that officers study morality and war; that West Point teaches it as part of a required class; that the Army encourages and rewards critical thinkers; that its leaders care about the long-term well being of America’s sons and daughters; to list just a few largely unrecognized truths.
With less than 10% of recent generations serving in the military, many of our fellow citizens do not personally know a Soldier or Marine. This blog is a way to communicate directly with the American people, at a more personal level. Who I am as a military professional may have a greater impact than what I say. In each and every of the many situations in which I have talked to civilians about the morality of killing in war, the response has been overwhelmingly positive. People stand in line to thank me…although what really connects with them is that they experience what they want desperately to believe—that their nation’s Army, the world’s most powerful army, is genuinely concerned about doing the right thing.
The fact is, our military is much more morally aware than
In another sense, this blog and other efforts on this issue will be good for the Army because the Army is Soldiers, and our efforts will raise awareness on an issue that will help Soldiers. External awareness of an internal issue is a good thing, when change is needed. The Army is a bureaucracy, and like all bureaucracies it reinforces the status quo. It’s amazing how a great idea, said at a staff meeting, gets nods but no action, yet the same idea reported in the civilian media gets immediate action. It doesn’t have to be a critical news report; in fact, bureaucracies retrench and resist change in the face of criticism. But bureaucracies respond well to external validation of an issue that they recognize as valid as long as it is communicated in a positive way. That is what I try to do.
A captain who commanded an infantry company in OIF-1 sent me a note after reading the New Yorker article: “Moreover, infantrymen have to kill at a personal level, and in many ways physically experience the death of both enemy soldiers and non-combatants. I think that overall, soldiers will be better prepared for combat and recover from the experience more completely if the Army educates them it moral acceptability…I did not observe any immediate negative psychological impact, however, at the time none of us had the distance necessary to really contemplate the events… The real question is what occurs once soldiers are safe and think fully about their actions.”
The problem of PTSD will not go away. The only right thing to do is to take action that might be able to prevent or relieve it for thousands of Soldiers. The smart PR action is to show the people we serve that we are concerned about the problem (which is already all over the news) and we are working to address it.
Think about it. We are the first Army in centuries to recognize and address this problem. We take care of our people, and in doing so we will reinforce right conduct in battle. That’s a story the American public should hear.
This is not a risk-free endeavor. But nothing worthwhile is ever risk free. As military professionals, we must do what’s right by our Soldiers,
"Back into the fight" vs "Back into civil society"
By many accounts, CSTs are very effective at getting Soldiers "back into the fight." So, it seems that CSTs address what's been called "shell shock" and "battle fatigue" in previous wars.
But, I wonder: is the treatment that gets Soldiers back to being Soldiers the same that's required to help Soldiers re-integrate as civilians? After all, PTSD isn't about not being able to get back into the fight; it's about not being able to leave the fight behind.
Recent reports indicate that symptoms of PTSD are more common in the follow-up screenings done 3-4 months after re-deployment than they are in the screenings done at redeployment. PTSD seems to be correlate positively to having time to reflect upon the things experienced in battle. What can we do for Soldiers after they have re-deployed and they begin serious reflections?