Civil Defense—the New Debate

Abstract

There can simply be no doubt that protection of noncombatants is a major priority of the Western tradition on warfare, generally called the “just war” tradition. Its general concerns are two: to define when the violence of war is allowable (the problem of justification) and to set limits to what may be done in even a just war (the problem of limitation). Paul Ramsey, for example, finds both these concerns in the thought of Augustine of Hippo and argues that for him and for Christian just war theory generally they should be regarded as requirements of divine love. A Christian, on this view, has a duty in love to protect innocent persons being unjustly threatened by violence or subjected to it, and he may utilize counterviolence, if necessary, to effect such a defense. At the same time, the use of such counterviolence is limited by a number of restraints also derived from love, foremost of which is a duty also toward the unjust assailant not to harm him any more than necessary to defend his victim.A similar pattern of reasoning emerges in Jewish tradition. Talmudic ethics allows use of violence against one who pursues with the intent of doing harm; yet the counterviolence that is permitted is limited by two constraints: First, one may do no worse to the pursuer than what he seeks to do, and, second, one may do no more than needed to make the pursuer leave off his evil intention. Secular contributions to Western just war tradition have provided analogous ideas: The medieval code of chivalry, for example, defined the knight as having a duty to protect noncombatants, while the concept of limited war originally defined and put into practice by such military theorists as Frederick the Great sought to ensure absolute protection of noncombatants outside a combat area and relative protection inside such an area.