Thucydides Roundtable, Book III: Treatment of the Enemy in War: Cruel to be Kind?

[by Pauline Kaurin]

In Book III, we find ourselves facing a classic ethical question in warfare: How ought one treat the enemy? Should one show mercy and follow the rules and customs of war? Or should one be cruel and show no mercy, because that is what the enemy deserves and the harsh example may deter others?

In this case, the Athenians are trying to decide whether to put the Mytilenians to death. (3.36/7) Cleon notes in his speech,

“Compassion is due to those who can reciprocate the feeling, not to those who will never pity us in return, but are our natural and necessary foes… Punish them as they deserve, and teach your other allies by a striking example that the penalty of rebellion is death” (3.40)

Diodotus rebuts the argument by noting that in war hope, greed, fortune and a whole host of other non-rational motivators are operant, in ways that make deterrence ineffective,

“ In short, it is impossible to prevent….human nature doing what it has once set its mind upon, by force of law or by any other deterrent whatsoever.” (3.45)

His point here, is that punishing the adversary is not in the interest of the Athenians and is unlikely to be effective in any case, especially since it would involve violating a the idea of discrimination, that is punishment can only be visited on the guilty, not the guilty and innocent alike; the lack of discrimination, he argues involves ‘senseless force’ and will only show that the Athenians have no interest in guilt versus innocence.

This debate, echoing contemporary arguments about whether to use waterboarding in interrogation and whether and when to accord POW status (with all its legal protections) to the detainees in Guantanamo Bay, is a familiar one in the ethics of war. Since at least Vietnam, there have been regular calls to abandon or modify the jus in bello restrictions and  Geneva and Hague Conventions; the argument being that our enemies do not always follow these and following them requires our forced to fight ‘with one hand tied behind their back’ – that is, at a strategic and tactical disadvantage.

It’s hard not to hear in these calls a familiar version of a Realist argument about the lack of reciprocity, appearing weak in the eyes of the enemy or potential enemies (deterrence) and failing to serve the State interest.  The idea here is that State interest is best served by military victory and using every means at one’s disposal, if militarily required, ought to be done. Cleon actually seems to be making the Realist argument here even though it is cloaked in moral terms, while Diodotus, despite invoking State interest and effectiveness, is actually making the ethicist’s argument, especially at the end in reminding the Athenians that they actually do care about discriminating between the guilty and the innocent.

Before addressing this question of which side we ought to take in this debate, I would also turn our attention to Thucydides’ discussion of the moral erosion caused by revolution and war, which began with the Corcyraeans, but eventually spread to the whole Hellenic world. (3.82ff)  Now one could read this section purely as a tangential conversation on the problems with civil war and revolution, but I read it much more broadly as a discussion related to the earlier one about how to treat the enemy, as a discourse on moral erosion in war.  Does war blunt and erode our moral sensibilities and standards, making possible and reasonable actions that would have never been considered before?  Could a discussion of waterboarding have taken place in the same way and with such public support absent the context of 9/11?

The question of moral erosion has certain obvious implications for the moral injury debate (which I cannot pursue here), but it also has important implications for the debate about how we treat our enemy.  The Realist Deterrence in War argument becomes more and more attractive, I think, the more moral erosion has taken place, the more extreme the circumstances seem to be. But I rather agree with Diodotus that especially in such extreme circumstances, it does not work.  Why?

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