Justice and the Same Article

The subject that happened to have our Pulitzer-winning critic so incensed as to rethink free speech was, it happens, the war in Israel. Or, as she puts it:

We do not protest the war on Gaza because we have an abstract right to do so; we protest it because it is one of the great moral atrocities of our lifetimes and because the widespread refusal to admit this in America is an atrocity in its own right.

The war in Israel compares and contrasts to the ongoing war in Syria in interesting ways. Points of comparison: they are both wars in the Middle East that have involved intense urban combat and the consequent unsettling of large urban populations. The unsettled communities were already on thin ice in terms of access to human goods like food, water, health care; the systems collapsed under the weight of the war, resulting in a lot of suffering. Many, perhaps most, of the people suffering are innocent of any intent to participate in the war: they are, formally, noncombatants. Noncombatant immunity is an important principle of the moral considerations that followed especially the Second World War, and thus our framework for evaluating conflicts considers violations of that principle to be war crimes of one sort or another. 

Points of contrast: Assad's war on his own population involved chemical weapons, barrel bombs, and so forth, but they never garnered any significant action against him from the same Left that is so intensely opposed to Israel. Barack Obama invoked but never enforced a 'red line' on the subject. Instead, the displacement of far more people -- some thirteen million, more than six and a half million of whom were forced to flee the country and resettle abroad -- was accomodated by Western governments with center Left to Leftist policies. If Israel forced everyone in Gaza out of the country, it would not even be a third as many as Assad did. 

Justice, I said below, entails something like 'treating relevantly similar cases similarly.' Assad is still in power; indeed, he is increasingly rehabilitated as people realize that he's not going anywhere. The West accepted and accomodated his actions, and the refugees who went abroad seeking better lives than were possible for them in the war zone of Syria. 

There are differences in degree -- differences on which Assad is worse -- but it is striking that so many people want to treat the events as different in kind. This is a product of the frame in which the contemporary Left is trained to divide people into classes and judge them by their class membership: and Israelis are considered "colonialists" and "imperialists" and "oppressors," whereas the Palestinians are considered a victim class. It is thus a "great moral atrocity" that victimizers are being allowed to victimize victims. In Syria, none of the classes rise to the conscious assignment of a status: they aren't important enough to the Left to be thought worthy of, well, thought. 

There's no justice in that evaluation that I can discern.

It is noteworthy, by the way, that people were also so much more willing to accept Syrian refugees as Palestinian ones. This is not merely by accident, i.e., because the Palestinian ones would be coming later than the Syrian ones. No, there is a reason behind it that is not well understood outside the Middle East. Palestinian refugees were once accepted, in millions, by Kuwait: their political structure, the PLO at the time, set itself up as a state-within-a-state and then cooperated with Saddam in overthrowing the government which had taken them in and given them new hope. After the war, Kuwait expelled them in their millions. Jordan also accepted Palestinian refugees: the PLO once again formed a state-within-a-state and waged civil war on the Jordanian kingdom until it finally successfully expelled them. Lebanon likewise had such refugees, who formed a state-within-a-state and joined forces with the civil war and allied with Hezbollah. The Egyptians deployed their army to the Sinai, promising "to sacrifice millions" of their soldiers if necessary, not to wage war against Israel on behalf of fellow Arabs. They did it to prevent Palestinians from coming into Egypt in any real numbers. Neighbor states will not accept Palestinian refugees until this toxic political culture has been replaced with one that can make peace with its hosts. 

That's another relevant difference to be considered. That toxic political culture is the reason for the present war and for all the other ones just mentioned. Hamas is itself an outgrowth of that same PLO culture, and it has itself constituted a state-within-a-state for the purpose of waging war on its host. The enduring ceasefire activists want was in place on October 6th: it turns out Hamas had been planning, training, and equipping for more than a year for the purpose of ending it. Neither could Israel, nor any state, sustain its political legitimacy if it did not respond to an attack like October 7th without military action designed to prevent such things happening in the future.

Noncombatant immunity may not be a sustainable principle: certainly it was wanted after World War II precisely because it was so frequently violated during World War II, and by all sides (including especially ours). Pragmatism as a philosophy suggests that a principle that cannot be sustained in reality is false; there are reasons to think that, however desirable this one may be, it may not in fact be pragmatically sustainable. There may be no way to wage war in urban environments, especially against a group like Hamas that intentionally uses the population as hostages (and physical cover), without violating the principle. Yet where such groups that plot and manifest atrocities exist, they will sometimes need to be fought. Whether the principle can survive remains to be seen.

Justice, though, somehow has to evaluate all of this in an impartial and even-handed manner. This does not entail not caring about the innocents who are harmed and displaced, but it may mean finding ways to accomodate them. I frankly think the Syrians who fled to Germany are better off than the ones who remain internally displaced in Syria; and that, in fact, their children are now likely to know better, more peaceful, and more prosperous lives in their futures than would ever have been possible in Syria.  Yet the Palestinians are not a parallel case: there is the relevant similarity, but also the relevant difference of a toxic politics that has proven incompatible even with several other Arab states, Muslim states. Sometimes justice may mean accepting that the world does not live up to our principles, and that when it does not it is we who must give way.