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? ? ? ? ? ? ? ? ? ? ? For a long time there has been a distinction made between crime that are worse then others. Our criminal system itself when it comes to sentencing is based on the idea that there are varying degree? s of an action. We have; first, second, and third degree murder, along with manslaughter.
In the international system there is little differentiation between the types of crimes that states can commit against each other. The example given in the reading is the following; Consider for example the German seizures of Czechoslovakia and Poland in 1939. The Czechs did not resist; they lost their independence through extortion rather then war; no Czech citizens died fighting the German invaders. The Poles chose to fight, and many were killed in the war that followed. But if the conquest of Czechoslovakia was a lesser crime, we have no name for it. At Nuremberg, the Nazi leadership was charged with aggression in both cases and found guilty in both. (Walzer, Michael.
The rights of political Communities, ? International Ethics. P. 166)? ? ? ? ? ? ? ? ? ? ? An aspect that is significant to this discussion is the nature of punishment in the international system is the type of punishment incurred by each act of aggression.
Aside from the example of Germany and the level of reparations that were inflicted upon the country after the war, the most common response to aggression by one state upon another is sanctions against said state by those that are in agreement with the? defender? or? saviour? state. I am thinking specifically of the case of Iraq and Kuwait.
While Iraq? was clearly considered the aggressor in and? in the wrong by the majority of the international community, the punishment inflicted upon it has been the same in response to almost every form of aggression that it has exhibited so far. Each aggressive move that it makes results in sanctions by those countries that feel that the aggression of Iraq is morally wrong, and or against the international order and detrimental to their interests. Once every little while when Iraq acts up it will result in air strikes against their military or supply positions. While it may be fair to take issue with the face that there is little differentiation in the types of aggression that are considered wrong in the international system, it is also important to realise that even if we were to have first, second, and third degree aggression, there is no system of punishment, or court in the international system that is able to adequately dole out this punishment in the appropriate degrees.
The punishment of a nation requires the co-operation and ability of the rest of the nations of the international scene to all be able to dole out the same punishment in the case of each of the varying degrees of aggression. The problem is that states cannot be relied on to consistently dole out the same punishment in each case. A state will commit to the action that best serves their national interest along with what is morally right. If a major trading partner of the United States were to be considered guilty of third degree aggression the chances are good that said state would not receive the same level of sanctions as a minor partner that the US was not all that dependant on for trade. Until there is a actual frame work for the equal punishment of states that are guilty of aggression the idea of differing levels of aggression and that they should be punished to different extents is little more then this is, a theoretical discussion of international concepts with at this time little actual application to the international system. If a frame work is established wherein we are able to punish states and offenders in an consistent manner then the question of having varying degrees of aggression is one that will become much more important.
However we still need to be able to get an adequate international court system in place. ? ? ? ? ? ? ? ? ? ? ? The question of whether a war is just or unjust and thus aggression or a noble fight against a tyrannical forces is often relative to whom is writing the text, and which regimental frame work that they are working from. ? You also face the question of what to do when neither side holds a just position. Do you apply differing levels of aggression to both sides, or is the side that is more successful in their aggression guilty of a higher aggression, then the side that intended the same aggression, but did not have the means to inflict it. Are we looking at a case of? Second degree aggression with intent to third degree aggression? ? ?
It is possible for each side to feel that they are just and therefore guiltless, but that makes either side no less guilty of aggression, or does it? It depends on which ideological framework that you are working from. Each side can feel that they are in a war for the requisition of territories lost and thus be justified, and the judgement of said conflict will depend on which state is better friends with the deciding members of the international community. To sum up, there is really no case of a just war, self defence is justified, but war is not.
War is however a reality of the international system. Until the international system becomes a community that lives under a set of agreed upon rules and laws, and establishes an effective international court system, there will not be a consistent and level degree of punishment for a degree of aggression. That is not to say that it isn? t something to work for, but varying degrees of aggression have little application in the current international context.
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