DEUT989 Principles of Waging War. Given the essential commitment both to self-defense and to the defense of what is just and right, let us consider three examples of how war is to be initiated and conducted according to Jewish law. The first principle of war established by the Torah and reinforced by the Rabbinic tradition is that it must truly be a last resort. We are enjoined to work to exhaust all diplomatic options in an attempt to avoid violent conflict. (E.g., see Deuteronomy Rabbah 5:13). In the Torah, emissaries of peace are sent to hostile cities to search for any alternative to war. (Deuteronomy 20:10). If diplomacy ultimately proves unsuccessful, however, one is not permitted to attack unless the enemy initiates hostilities. And even then, one is forbidden to commit any acts of unwarranted cruelty against the inhabitants of enemy territory. Jewish law even goes so far as to require that an escape route be provided for those who desire to leave a besieged city at any point. [Maimonides (Rambam), Mishneh Torah, Hilkhot Melakhim 6.] Permitting war only as a last resort minimizes the likelihood of violent engagement and creates a cultural aversion to warfare. War may be a necessary evil; it is never something to relish. The second principle of warfare laid out in Jewish tradition is that war must be conducted in a way that preserves the humanity of the soldiers and civilians on both sides. This requires great moral sensitivity and vigorous protection against the dehumanization that typically characterizes warfare. Nahmanides (Ramban) taught that even the “most refined of people become possessed with ferocity and cruelty when advancing upon the enemy... [Torah wants the soldier] to learn to act compassionately with our enemies even during wartime.” (Nahmanides (Ramban), Commentary on the Torah (Bi’ur), Deuteronomy 23:10). Part of the Jewish resistance to fighting is rooted in the humble awareness that more than life is lost in warfare--that violent conflict often comes with devastating moral compromise. In response to this moral challenge, nations that go to war must do everything in their power to ensure that their soldiers are trained with sensitivity and compassion, and that they are reminded, even amidst violent conflict, of the humanity of their enemies. In fact, the Torah offers specific rules intended to prevent the degradation of the enemy, even in the midst of dangerous conflict. (e.g., Deuteronomy 21:10). The assumption is that this moral training will ultimately preserve a soldier's own humanity as well. A third guiding principle of war is the obligation to protect against unnecessary destruction--of human life, of the enemy's property, of the environment--during violent struggle. The call for soldiers to cultivate sensitivity toward the enemy renders wanton destruction thoroughly indefensible. “When in your war against a city,” the Torah teaches, “… you must not destroy its trees, wielding the ax against them. You may eat of them, but you must not cut them down. Are trees of the field human to withdraw before you into the besieged city?” (Deuteronomy 20:19-20). Maimonides (Rambam) extends this prohibition: “Also, one who smashes household goods, tears clothes, demolishes a building, stops up a spring, or destroys articles of food with destructive intent transgresses the command, You shall not destroy.” (Maimonides (Rambam), Mishneh Torah, Hilkhot Melakhim 6:10). As Reuven Kimelman writes in his extensive treatment of the parameters of war from a Jewish perspective, “If one can control destructive urges provoked by a war against non-human objects, there is a chance of controlling destructive urges against humans.” Reuven Kimelman, “War,” Frontiers of Jewish Thought, Steven Katz, ed., (Washington, DC: B’nai Brith Books, 1992), 315. (By Sharon Brous)
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