Lawfare Archive: Samuel Moyn on “How Warfare Became Both More Humane and Harder to End"
Nov 23, 2023
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Samuel Moyn, Professor of Law and History at Harvard University, discusses how warfare has become both more humane and harder to end. He argues that the focus has shifted from preventing war to ending war crimes, with the human rights community sharing culpability. The podcast explores the challenges faced by human rights activists, the rise of the unwilling and/or unable doctrine for intervention, and the paradox of human rights and militarized foreign policy.
The focus on ending war crimes and abuses has shifted from preventing wars in the first place, leading to the continuation of conflicts.
International law constraints on going to war have been eroded, leading to the proliferation of interventions against non-state actors.
Deep dives
The importance of digital hygiene and data privacy
The podcast episode highlights the need for individuals to prioritize their digital hygiene and take steps to protect their personal information. The speaker shares a personal experience of receiving a warning from the FBI about potential cyber threats and emphasizes the importance of maintaining good digital hygiene. The episode discusses the prevalence of data brokers and the significant amount of personal information available online. It warns that this information can be used for cybercrime, identity theft, and harassment, urging listeners to take control of their data and keep their private lives private. The speaker recommends using a service like Delete Me to remove and monitor personal information online.
The shift towards humane but endless war
The podcast examines the transformation of warfare in recent decades, highlighting how wars have become more humane in terms of limiting the brutality inflicted on targets and methods used. However, the episode argues that this shift towards humane warfare has contributed to the proliferation of endless wars. It explains that the focus has shifted from preventing wars in the first place to ending war crimes and abuses, leading to the continuation of conflicts. This argument is supported by examples from various military interventions and counterinsurgency efforts. The episode also discusses the convergence of interests between states, the military, and human rights movements in pursuing this approach to warfare.
The erosion of constraints on going to war under international law
The podcast explores how international law constraints on going to war have been eroded in recent years. It outlines examples, such as the use of doctrines like the 'unwilling and unable' doctrine, which has been employed to justify interventions against non-state actors in states unable to control them. The episode highlights the shifting interpretations of Article 51 of the UN Charter and the erosion of the traditional constraint that requires acting in self-defense against an imminent threat. It argues that powerful states often make and break the rules and that this behavior sets precedents followed by other states. The podcast suggests that these developments undermine the control of force in the international system.
The need for reassessment and potential for change
The podcast concludes by raising concerns about the negative consequences of the trend towards humane but endless war. It highlights the moral qualms of taking lives and the potential for disaster resulting from prolonged military engagements. The episode emphasizes the importance of reassessing current strategies and calls for efforts to avoid colluding with great power agendas. It discusses the hope for change, acknowledging the slim chances but noting the growing consciousness among some in the human rights movement of the unintended consequences of their collaboration. The episode suggests that, despite the challenges, there is a potential for a shift in approach to promote human rights without perpetuating endless war.
From October 22, 2016: This week, Samuel Moyn, Professor of Law and History at Harvard University, closed out a one-day conference on “The Next President's Fight Against Terror” at New America with a talk on “How Warfare Became Both More Humane and Harder to End.” He argues that we’ve moved toward a focus on ending war crimes and similar abuses, rather than a focus on preventing war’s outbreak in the first place. And in his view, the human rights community shares culpability for this problem. It’s an issue that will be of great consequence as the next president takes office amidst U.S. involvement in numerous ongoing military interventions across the globe.