Question- Russia and Ukraine war has been going on for several months. Different countries have taken independent stands and actions keeping in view their own national interests. We are all aware that war has its own impact on the difference aspects of society, including human tragedy. What are those ethical issues that are crucial to be considered while launching the war and its continuation so far? Illustrate with justification the ethical issues involved in the given state of affair. UPSC CSE GS 4, Ethics Paper Answer.
Answer
The war between Russia and Ukraine has been going on for several months, with Russia launching a massive military offensive against its neighbor in early 2022. The war has sparked international condemnation and concern, as different countries have taken independent stands and actions keeping in view their own national interests. The war has also caused immense human tragedy, as thousands of people have been killed, injured, displaced, or affected by the violence and its consequences.
The war between Russia and Ukraine raises various ethical issues that are crucial to be considered while launching the war and its continuation so far. Some of these issues are:
The justification of war: The ethical issue of whether the war is justified or not depends on the application of the just war theory, which is a set of criteria that determine when it is morally permissible to go to war and how to conduct war in a moral way. The just war theory consists of three main components: jus ad bellum (the justice of going to war), jus in bello (the justice in waging war), and jus post bellum (the justice after the war). According to the just war theory, a war can be justified only if it meets the following conditions:
It is waged by a legitimate authority (usually interpreted as states)
It has a just cause (such as self-defense, defense of others, or prevention of grave injustice)
It has a right intention (such as restoring peace, justice, or security)
It is a last resort (after exhausting all peaceful means of resolving the conflict)
It has a reasonable chance of success (without causing more harm than good)
It has proportionality (the benefits of the war outweigh the costs and harms)
Based on these criteria, many observers and analysts have argued that the war between Russia and Ukraine is not justified, as Russia has violated most if not all of these conditions. Russia has invaded and annexed parts of Ukraine's territory without any legitimate authority, cause, or intention. Russia has not exhausted all peaceful means of resolving the conflict, but rather escalated it with its military aggression. Russia has no reasonable chance of success, but rather risks provoking a wider regional or global confrontation. Russia has also acted disproportionately, causing more harm than good to both countries and their people.
The conduct of war: The ethical issue of how the war is conducted depends on the application of the international humanitarian law (IHL), which is a set of rules and principles that regulate the behaviour of the warring parties during armed conflict. The IHL aims to protect civilians and other non-combatants from harm, limit the use of violence to what is necessary and proportionate, and respect the dignity and rights of all persons involved or affected by the conflict. The IHL consists of various treaties and conventions, such as the Geneva Conventions, the Hague Conventions, and the Rome Statute. According to the IHL, a war can be conducted in a moral way only if it meets the following principles:
Distinction: The warring parties must distinguish between combatants and non-combatants, and between military objectives and civilian objects, and only target the former.
Proportionality: The warring parties must not launch attacks that may cause excessive or indiscriminate harm to civilians or civilian objects.
Precaution: The warring parties must take all feasible measures to avoid or minimize harm to civilians or civilian objects.
Humanity: The warring parties must treat all persons humanely, without discrimination or violence, and respect their life, health, dignity, and rights.
Necessity: The warring parties must only use force that is necessary to achieve their legitimate military objectives.
Based on these principles, many observers and analysts have argued that the war between Russia and Ukraine is not conducted in a moral way, as both sides have violated some if not all of these principles. Both sides have targeted or harmed civilians or civilian objects, such as homes, schools, hospitals, infrastructure, etc. Both sides have used excessive or indiscriminate force, such as artillery shelling, airstrikes, landmines, etc. Both sides have failed to take adequate precautions to protect civilians or civilian objects from harm. Both sides have also committed or tolerated various human rights violations or abuses against prisoners of war detainees, refugees, displaced persons, journalists, activists, etc.
The aftermath of war: The ethical issue of what happens after the war depends on the application of the transitional justice which is a set of measure that aim to address the legacy of past human rights violations or abuses committed during armed conflict or authoritarian regimes. The transitional justice aims to promote the reconciliation, healing, and peace building of the affected societies and individuals, and to prevent the recurrence of violence or injustice. The transitional justice consists of various mechanisms, such as truth commissions, trials, reparations, amnesties, vetting, memorialization, etc. . According to the transitional justice, a war can be ended in a moral way only if it meets the following goals:
Accountability: The perpetrators of human rights violations or abuses must be held accountable for their actions and face appropriate sanctions or consequences.
Truth: The victims and survivors of human rights violations or abuses must be able to know the truth about what happened to them or their loved ones, and the causes and consequences of the conflict.
Reparation: The victims and survivors of human rights violations or abuses must be able to receive adequate compensation, restitution, rehabilitation, or satisfaction for their harms and losses.
Reconciliation: The divided or polarized communities or groups must be able to restore their trust, dialogue, cooperation, and coexistence after the conflict.
Based on these goals, many observers and analysts have argued that the war between Russia and Ukraine is not ended in a moral way, as none of these goals have been achieved or pursued so far. The perpetrators of human rights violations or abuses have not been held accountable or brought to justice, but rather enjoy impunity or protection. The victims and survivors of human rights violations or abuses have not been able to know the truth or receive reparation, but rather suffer from silence or neglect. The divided or polarized communities or groups have not been able to reconcile or coexist, but rather remain in a state of hostility or mistrust.
Therefore, the war between Russia and Ukraine involves various ethical issues that are crucial to be considered while launching the war and its continuation so far. These issues relate to the justification, conduct, and aftermath of war, and require the application of the just war theory, the international humanitarian law, and the transitional justice. Based on these ethical frameworks, the war between Russia and Ukraine can be evaluated as unjustified, immoral, and unresolved.