Etikk i praksis. Nordic Journal of Applied Ethics (2023), 17(2), 69-82 |
http://dx.doi.org/10.5324/eip.v17i2.5095 |
Early View publication date:
14 December 2023 |
Proportionality, Defensive
Alliance Formation, and Mearsheimer on
Ukraine
Benjamin D. King
Rangsit University, Institute
of Diplomacy and International Studies
benjamin.k@rsu.ac.th
In this article, I consider the
permissibility of forming defensive
alliances, which is a neglected topic in the
contemporary literature on the ethics of war
and peace. Drawing on the jus ad bellum
criterion of proportionality in just war
theory, I argue that if permissible
defensive force requires that its expected
harms must be counterbalanced by its
expected goods, then, permissible defensive
alliance formation seems to also require
that its expected harms must be
counterbalanced by its expected goods, as
the latter can result in much the same
consequences as the former. Moreover, due to
the incommensurability of values in play
when making proportionality judgments, I
argue for a value pluralist understanding of
the criterion. On this view, defensive
alliance formation is proportionate if the
expected gains in certain values (goods)
intuitively justify the expected losses in
others (harms) when compared to the
alternative expected value trade-offs of not
allying. To explore the implications of my
theoretical claims I consider them in
relation to John Mearsheimer’s influential
account of the causes of the Russo-Ukrainian
War. On this account, the West’s strategy to
assimilate Ukraine and Ukraine’s pursuit of
NATO membership post-annexation of Crimea
were disproportionate because the expected
harms were unjustified when compared to the
alternative expected goods and harms of
forgoing Ukrainian membership of NATO. This
does not imply that Russia’s aggression is
just, but it does imply that the West and
Ukraine are partially responsible for the
war and that they acted impermissibly in
attempting to expand/join NATO.
Keywords: Proportionality, alliances, just war theory, Ukraine, Mearsheimer
Introduction Proportionality is often thought to be a necessary condition of morally permissible resort to defensive force. The proportionality of forming defensive alliances, however, is a neglected topic in the contemporary literature on the ethics of war and peace. To clarify, by “defensive alliances” I specifically mean formal associations of states in which members pool their military strength against a common enemy to deter aggression and commit to engage in collective self-defense in specified circumstances, such as when one or more of them is attacked (see Snyder 1997: 4). That the proportionality of defensive alliance formation has been overlooked is surprising because, although it is clearly distinct from resort to war in self-defense, as it may not immediately involve or ever require use of force, it has the potential to provoke rather than deter aggression and thus result in war. Indeed, as I shall argue, the decision to form or not form a defensive alliance can lead to much the same good and bad consequences as the decision to resort or not resort to defensive force. Before illustrating this point and arguing that consistency suggests proportionality should therefore also be a necessary condition of permissible defensive alliance formation, I briefly outline the condition and argue for a value pluralist understanding of it .
Following the main theoretical argument, I explore its implications by considering it in relation to John Mearsheimer’s influential but controversial account of the causes of the Russo-Ukrainian War. On this account of the war’s causes, attempts by the West and Ukraine to expand/join NATO were disproportionate because the expected harms were unjustified when compared to the alternative expected goods and harms of forgoing Ukrainian membership of NATO. This in no way implies that Russia’s aggression is just, but it does imply that the West and Ukraine are partially responsible for the war and that they acted impermissibly in attempting to expand/join NATO
Proportionality
In traditional and contemporary just war theory, proportionality, together with other jus ad bellum criteria, is generally considered a necessary condition of permissible resort to war or force short of war (e.g., see Brunstetter & Braun 2013; Fisher 2011: 73–76; Frowe 2016a; Frowe 2016b: 56–59; Hurka 2005; King 2020: 278–280; Lackey 1989: 39–43; Lazar 2017; Luban 1980: 175–176). The fundamental idea is that “use of force is proportionate when the harm done is counterbalanced by the good achieved in averting a threat” (Lazar 2017). Considerations of proportionality therefore usually involve comparing the consequences of allowing a threat to materialize against those of instead resorting to a proposed use of force (Lazar 2017). It requires weighing the harms or costs that will be suffered in the event of no response to an attack or threat, such as losses of political independence and/or territory, encouragement of future aggression, harms to civilians, and so on, against the harms that will be inflicted and averted, and thus also the goods that will be achieved, by use of force, including (but not limited to) all combatant and non-combatant casualties, the economic costs of waging war, and the protection of sovereignty (Frowe 2016b: 56; Lazar 2017). Importantly, due to the unpredictability of war, it is necessary to deal in expected consequences when making these judgments (Lazar 2017). A straightforward judgment of proportionality can be made, first, by aggregating the harms to each side that are expected to result from non-action versus use of force, and, second, by concluding that force is proportionate only if its expected harms are less overall than those of non-action (Lazar 2017). However, this approach overlooks the moral relevance of responsibility and legitimate partiality, as well as the problem of incommensurability. As the aggressor state is responsible for the victim state’s need to employ defensive force (but not fully responsible in cases where aggression is provoked by the victim state or others), and because it seems acceptable, at least to a certain extent, for the victim state to attach greater moral importance to its sovereignty and the welfare of its citizens over those of the aggressor, use of force may be proportionate even if its expected harms are greater overall than those of non-action. This does not mean that anything goes. A nuclear strike in response to a minor infringement of sovereignty, for example, is clearly disproportionate. But it does mean that proportionality is perhaps better understood as requiring only that the expected harms of use of force do not significantly outweigh its expected goods (see Lackey 1989: 40–41; Lazar 2017). That said, the more problematic issue is that unless all of the expected harms and goods are weighted according to an ultimate moral value, such as individual well-being, or in accordance with a theory of value that specifies their relative worth, attempting to calculate proportionality seems to involve weighing incommensurable values (see Frowe 2016b: 57–59; Hurka 2005: 57; King 2020: 278; Rodin 2002: 115). Thus, assuming non-adherence to a master value or a theory of relative value, whether non-action or use of force has less expected overall disvalue appears indeterminable, as does, regarding the more permissive view, whether or not use of force entails not too much expected overall disvalue. Instead, proportionality judgments will need to be made in accordance with value pluralism and by appeal to intuitive trade-offs, that is, according to whether or not use of force involves expected gains in certain values (e.g., political independence and territorial integrity) that intuitively justify regrettable expected losses in others (e.g., individual well-being) when compared to the alternative expected trade offs of non-action. On this approach, there may be cases in which small expected gains in certain values (goods) justify large expected losses in others (harms). For example, use of force to avert an otherwise expected small loss of territory may seem justified even though it is expected to be very costly in economic terms, assuming those costs can be collectively shouldered by society without severely undermining people’s well-being. But if the large expected costs instead take the form of, say, hundreds of thousands of combatant and non-combatant casualties and/or other forms of large-scale acute suffering, then, use of force to avert a small expected loss of territory seems disproportionate. Two final points must be mentioned. The first is that the unpredictability of war means that its proportionality can change over time. A war that begins as proportionate, because its expected goods justify its expected harms when compared to the alternative expected trade offs of not fighting, might in time become disproportionate because its harms prove to be greater than initially anticipated. For this reason, the proportionality of war, and thus the permissibility of continuing to fight, must be continually reassessed (Fisher 2011: 75; Frowe 2016b: 56–57). The second point is that even if use of force is proportionate it may nevertheless be impermissible all things considered. Just war theory stipulates a number of conditions for permissible use of force, including, perhaps most importantly, the requirement of necessity or “last resort” (see Fisher 2011: 73; Frowe 2016b: 64–65; Lazar 2017). In many cases, use of force will not be the sole option that has a reasonable prospect of averting the attack or threat. Less harmful alternatives, such as diplomacy and sanctions, or indeed the forming of defensive alliances that serve to deter aggression by counterbalancing power and threats, may have an equal or even better prospect of achieving the “just cause”. Thus, even if use of force would be proportionate, it may nevertheless be impermissible because it is unnecessary, since the good that fighting would achieve can be realized by less harmful means.
Proportionality and Defensive Alliance Formation
Now, to proceed with the main argument, the consequences of forming or not forming a defensive alliance can be the same or similar as those of resorting or not resorting to defensive force. To illustrate, first, consider the potential harms of not forming an alliance. When faced with a significantly more powerful state or alliance of states, less powerful states, assuming “internal balancing” is unfeasible (see below), can expect the costs of not forming or not joining a counterbalancing alliance to include insufficient deterrent and defensive capabilities, and thus they can expect to incur harms commonly suffered by victim states, such as losses of political independence and/or territory, if they are attacked. The extent to which such harms can reasonably be expected, and thus whether states will look to form alliances in an effort to avert or mitigate them, will depend upon the level of threat (see Walt 1985, 1987). Arguably, as the international system is anarchic, the imbalance of power in itself constitutes a threat, for whereas balance of power serves to stabilize the system and mitigate aggression, imbalance of power invites it from the strong (see Waltz 1979: 161–163). But if the opposing side happens to be not only significantly more powerful but also particularly threatening, or even if it happens to be somewhat less powerful overall but still a considerable threat, because it is proximate, strong in offensive capability and/or is thought to have aggressive intentions, then, the level of threat increases (Walt 1985: 8–13), and with it the certainty of the consequences of not forming or not joining a counterbalancing alliance.
Other potential harms of not
forming an alliance have to do with
“internal balancing”. In this instance,
states seek to counterbalance power or
threats not through forming alliances but by
attempting to increase their own economic
and military power (Waltz 1979: 118). Even
if this is feasible, however, it may be
expected to be more costly than forming an
alliance. First, internal balancing may be
expected to provoke more powerful states
into taking action to maintain their
relative advantage, including perhaps use of
force against the aspiring state. Second,
achieving satisfactory deterrent and
defensive capabilities may well be expected
to require substantial investment in the
armed forces, and perhaps therefore
problematic and unpopular levels of public
borrowing, tax rises and/or cuts to other
public services, when these financial and
political costs could instead be offset by
pooling military assets with other states
that share in the threat.
The main benefits of forming a defensive alliance are enhanced deterrent and defensive capabilities (Snyder 1997: 43–44), and potentially therefore avoidance of the harms that would otherwise be suffered in the event of an attack, or at least increased probability of successful defense in such an event whilst incurring some degree of harm. Attempting to form or join an alliance, however, is not a risk-free course of action. Just as attempts at internal balancing may be expected to provoke powerful states into taking action to maintain the status quo, so too might attempts at “external balancing”. When faced with the prospect of less powerful states forming or joining a counterbalancing alliance, a global or regional hegemon may seek to prevent alliance formation or expansion in order to maintain its dominance. Alternatively, if the status quo amounts to a modest imbalance of power characterized by great power rivalry, the relatively advantaged state or states may seek to prevent the formation or expansion of a rival alliance in order to maintain their advantage, whilst the relatively disadvantaged state or states may do the same in order to avert a worsening of their disadvantage. Lastly, if the status quo amounts to a balance of power, then, either side may seek to prevent the formation or expansion of a rival alliance to avert the creation of an unfavorable imbalance of power.
The types of action that
states might employ to prevent
alliances from forming or expanding
are numerous. They range from peaceful
diplomacy to economic coercion to
covert regime change to war that aims
at the installation of a puppet regime
or the annexation of territory.
Whether the prospect of an alliance
forming or expanding can reasonably be
expected to provoke use of force, and
thus whether it can be expected to
result in the harms that are typically
incurred by states when they are
attacked by more powerful rivals, or
even the extreme levels of harm that
result from wars fought directly
between great powers, will depend upon
various factors. A key factor, again,
is proximity, as the formation or
expansion of an alliance on or near a
great power’s borders may constitute a
threat to its security and, in all
probability, will at least represent a
broader politico-economic challenge to
its sphere of influence. Other factors
include (but are not limited to)
perceived and actual intentions. The
formation or expansion of an alliance
that is proclaimed to be defensive may
nevertheless, mistakenly or otherwise,
be perceived as having offensive aims
by a rival, and thus as potentially
warranting preventive use of force.
The extent to which great powers are
actually intent on competing for
relative power, whether they are
accepting or not of their current and
projected future position, will also
be of great significance. In some
cases, a great power may implicitly or
explicitly warn a rival that the
formation or expansion of an alliance
is unacceptable and that, if pushed,
it will respond with force to prevent
it. As discussed below, Russia’s
response to the prospect of Georgia
and Ukraine joining NATO is a case in
point.
Now that I have clarified how
it is that forming and not forming a
defensive alliance can lead to much the same
consequences as resorting and not resorting
to defensive force, it should be evident why
proportionality appears to be a necessary
condition of permissible defensive alliance
formation. If permissible defensive force
requires that its expected harms must be
counterbalanced by its expected goods, and
if, as I contend, defensive alliance
formation can lead to the same or similar
harms and goods as defensive force, then,
absent some explanation to the contrary,
consistency suggests that permissible
defensive alliance formation also requires
that its expected harms must be
counterbalanced by its expected goods.
To assess the proportionality of defensive alliance formation we need only substitute the options of comparison. Rather than compare the expected consequences of non-action against those of use of force in response to an attack or threat, we instead compare the expected consequences of not forming an alliance against those of forming an alliance in response to an attack or threat. And, in line with the above conception, rather than adopt the straightforward approach, according to which forming an alliance is proportionate only if its expected harms are less overall than those of not forming an alliance, we ought to adopt the more nuanced approach. That is to say, we ought to factor in considerations of responsibility and legitimate partiality into our assessments and, given the problem of incommensurability, judge the proportionality of alliance formation on the basis of whether it entails expected gains in certain values that intuitively justify expected losses in others when compared to the alternative expected trade offs of not allying. Furthermore, it is important to note that, as with war, the proportionality of alliances can change over time. An alliance that is proportionate when formed might in time become disproportionate because its goods turn out to be less and/or its harms prove to be more than what was reasonable to expect at the time of its formation. Thus, as with war, the proportionality of alliances, and therefore the permissibility of continuing to ally, must be continually reassessed.
Due to the varied and
specific circumstances in which
defensive alliances may be formed their
proportionality will need to be assessed
on a case-by-case basis. Nevertheless,
for illustrative purposes, it is worth
considering three simplified cases: (1)
forming an alliance can be expected to
deter aggression, whereas not forming an
alliance can be expected to invite it;
(2) forming an alliance can be expected
to provoke aggression, whereas not
forming an alliance can be expected to
avoid it; (3) aggression can be expected
regardless of whether the state forms or
does not form an alliance. If the only
expected harms are the harms that would
be inflicted by aggression, and if the
only expected goods are the avoidance of
those harms, alliance formation is
clearly proportionate in the first case,
as it would then be expected to achieve
only the relevant goods by deterring
aggression, and clearly disproportionate
in the second case, as it would then be
expected to result only in the relevant
harms by provoking aggression. In each
case, however, there may be additional
harms and goods that, if reasonably
expected, must be factored into the
assessment and which could alter the
conclusion. In the first case, for
example, allying to deter aggression is
unlikely to be cost free. Perhaps the
state under threat can expect alliance
formation to undermine its autonomy, as
its dependence on the alliance for
effective deterrent capability will
leave it susceptible to coercion by
leading members of the alliance in
regards to its domestic and foreign
policies. Similarly, in the second case,
although allying is expected to provoke
aggression, it may also be expected to
realize important goods. For instance,
perhaps allying is expected to enable a
successful defense as well as long-term
political and economic goods, such as
increased security and more profitable
trading relationships. Whether these
additional expected harms and goods
alter the proportionality of allying in
either case depends on their degree, as
well as the degree of the expected harms
that would be inflicted should
aggression be invited or provoked. For
example, if aggression is expected to
cause deaths in the hundreds of
thousands, incurring a small loss of
autonomy is unlikely to render allying
disproportionate in the first case,
whilst the long-term political and
economic goods of allying in the second
case may not be large enough to consider
it proportionate. Finally, in the third
case, where aggression can be expected
regardless of alliance formation,
proportionality will depend on whether
allying can be expected to enable a
successful defense, and whether
achieving that good justifies the
expected harms that will be suffered and
inflicted in repelling aggression. It
could be that allying is a “last
resort”, the only option available to
the state that has any prospect
whatsoever of achieving its defense. But
if allying cannot be expected to repel
aggression, if it has no “reasonable
prospect of success”, or if success can
be expected only at a cost that is too
high in lives and suffering, then,
allying is disproportionate and the
state ought not to fight.
Proportionality and
Mearsheimer on Ukraine
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