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Is Force Sometimes Justified?
Gibt es "Legitime Gewalt"?
By A. James Reimer
Is the use of force sometimes justified to maintain
or restore law and civil order, even for "pacifist" traditions
like the Mennonite? This is the primary question of interest for the
"Peace Theology Research Project," a new initiative underwritten
by Mennonite Central Committee (MCC). In response to 9/11, MCC, through
its Akron Peace Office, has committed substantial monies to fund a
two-year study of legitimate and illegitimate uses of force. The study,
headed by a three-member committee, will hold consultations, have
regional meetings, plan a major colloquium in Akron in August 2004,
and produce a final volume of essays and findings on the topic.
Mennonites have a developed a peace theology in which
church members are urged to reject lethal force as a legitimate
way of responding to violence. We have sought creative, alternative
ways of dealing with violence and underlying causes of violence:
victim/ offender/ reconciliation programs, Christian Peacemaker
Teams, conflict transformation through mediation. We have repudiated
war as a legitimate option, but have not known how to deal with
"policing" as a necessary means of maintaining public
order.
The intent of the Peace Theology Research Project
is to examine precisely these issues related to policing. How ought
Christians who are committed to nonviolent responses to evil address
situations where 1) there is a breakdown of civil order that leads
to massive loss of life (former Yugoslavia, Somalia, Sudan, Rwanda);
2) terrorism is an expression of protest and anger against injustices,
repressive violence of states, paramilitaries, counter-insurgency
forces (Israeli occupation, American imperial power, police brutality);
and 3) crimes threaten the security of citizens.
I applaud MCC for taking this bold initiative to deal
with tough issues, dilemmas that Mennonites have skirted and not
dealt with honestly. The question is whether MCC, with its strong
investment in traditional answers to these questions, will have
the courage to come up with new directions and support them. Since
MCC is the one truly inter-Mennonite institution which virtually
all Mennonite groups support, and since it has a global peace reputation,
it may have too much invested, and too much to lose, to come up
with ground-breaking new directives on this sensitive topic.
In Waterloo, Ontario, there is similar new initiative
sponsored by the Peace and Conflict Studies program (PACS) at Conrad
Grebel University College, interested in exploring how Mennonites
understand law and civil institutions as necessary for maintaining
order and public life. Initiated by Lowell Ewert, lawyer and Director
of PACS, it is bringing together Mennonite lawyers, police men and
women, and other professional to discuss how their professions might
be understood in light of the historic Anabaptist-Mennonite tradition
and its concerns. These two groups (the MCC Peace Theology Research
Group and the Waterloo law interest group) met in Toronto on Friday,
June 27, 2003, to discuss their common interest. I, as a theologian
who has been interested in these very issues, attended this meeting.
I am currently working on a Christian theology of law and civil
institutions.
The Mennonite thinker who has most seriously thought
about these matters in our time is, of course, John Howard Yoder.
As early as 1964, in his classic The Christian Witness to the State
(Faith and Life Press, 1964), and in many subsequent writings, Yoder
addressed virtually all the major themes identified above, and set
the agenda with his own sharp analysis, probing questions, and powerful
answers. He was the one who initially made the distinction between
"policing" and "warring," implying, although
never elaborating on, the legitimacy of policing but not of making
war.
In 1984, the Brethren in Christ theologian Ronald
Syder and Anglican moral philosopher and theologian Oliver O'Donovan
had a debate in Oxford, published as Peace and War: A Debate
about Pacifism (Grove Books, 1985). O'Donovan argued for deterrence
and the limited use of conventional arms in defence of a threatened
and victimized third party. Syder defended traditional pacifism,
namely, the rejection of all war and violence. He did, however,
concede that some form of policing was necessary in a fallen world,
and could be supported on the condition that it was non-lethal.
O'Donovan, rightly in my opinion, pointed out the naïveté
of thinking that effective regional or global policing could be
accomplished without the use, or at least the threat, of lethal
force. This is not to say that far more energies ought not to be
expended in imagining and funding alternative, non-lethal forms
of policing and solving conflicts.
Although I have thought about these issues for most
of my adult life, I first publicly addressed them in two short articles:
"God is Love but Not a Pacifist" (Canadian Mennonite,
July 26, 1999) and "Christians, Policing, and the Civil Order"
(Canadian Mennonite, August 30, 1999), well before the present
MCC initiative. In the first, "God is Love but Not a Pacifist,"
I declared my firm commitment to our heritage and its dedication
to peace and nonviolence. However, I urged us to acknowledge the
all-pervasive presence of evil and violence, not only within society
but also within ourselves, as well as the limited nature of our
freedom to overcome such evil and violence.
I proposed in that first article that the Christian
doctrine of the Trinity is essential for an adequate understanding
of human attitudes toward violence and nonviolence. The Trinitarian
confession is that God the Creator, God the Christ, and God the
Spirit are three ways of understanding the one God. When looked
at from our human perspective, there appear to be distinctions in
the way God deals with the world (the economic Trinity) which do
not exist within the divine essence (the immanent Trinity).
To say that God is fully revealed in Jesus of Nazareth
is not to say everything there is to say about God in God's eternal
mysterious essence. This is an important point to make for Mennonites,
who have taken the nonviolent and self-sacrificial Christ to be
the total revelation of God. Critical to this discussion, a debate
that we cannot go into here, is the relation of the eternal Christ
(the "Son," the Logos, Sophia) to Jesus of Nazareth. The
earthly Jesus, who went the way of suffering and the cross, never
equated himself with the "Father," although he did claim
"unity" with the "Father."
The point I tried to make was that Christians (followers
of Jesus of Nazareth, the Christ) are called to be nonviolent peacemakers
in the world, but God in God's essence transcends all human ethical
systems. God is the source of all life, and as such is free to give
and take life, in order to accomplish the ultimate, loving divine
purpose for "His" creation. In other words, while God's
essence is Love, strictly speaking God cannot be said to be a "pacifist"
in any human ethical sense. We as Mennonites cannot hold God captive
to our ethics of nonviolence.
It is true that God has revealed in Jesus the Christ
the goal or "grain" of the universe: the ultimate reconciliation
of all things as the goal (or "grain") of all reality.
How we get there, however, remains largely a mystery. In a fallen,
evil, and violent world God may use what appear to us to be "violent"
means to achieve that end. This does not justify our use
of such violent means. Here I agree with Miroslav Volf, who in his
Exclusion and Embrace (Abingdon Press, 1996) maintains that
God's wrath and judgement do not translate into a justification
of our own use of violence. In fact, it is precisely because vengeance
is transferred to the divine that we humans are free not to exercise
it.
The difficulty of holding this position - that God
can use what appear to us to be violent means to achieve divine
ends but we can't - becomes immediately evident when it comes
to policing. In short, it does not yet answer the tougher questions
about human participation in force-full means to fulfill the divinely
ordained civil mandate of maintaining law and order as a means of
preserving life. For what means does God have by which to accomplish
divine ends in history but human means?
This is an area where Volf's influential work falls short. It is
a problem I take up in the second article referred to above, "Christians,
Policing and the Civil Order." An initial draft of this paper
was first presented at a day-long symposium at Conrad Grebel University
College on June 22, 1999, two years before 9/11. The theme of the
symposium was "In Search of a Mennonite Response to Kosovo."
In this essay, I draw out some of the implications of a Trinitarian
theology for Christian social ethics. I distinguish between 1) "policing,"
as a metaphor for the legitimate use of power and force in the domestic,
municipal, provincial, national, and international arenas, and 2)
"warring" as the illegitimate use of force. I justify
the former (policing) on biblical, historical, and theological grounds,
as being consistent with the divine mandate to restrain evil and
preserve (and further) the good - but not the latter (warring).
While it may not always be easy to distinguish between
policing and warring, when one can shade into the other, these are
two qualitatively different ways of engaging force, premised on
different assumptions. Policing is devoted to maintaining law and
order, ideally guided by a respect for life, including the life
of the perpetrator, or in biblical terms, "loving the enemy,"
respecting the dignity of the other as created in the image of God.
War, by its own inner logic and despite the rhetoric of nation states,
disregards the mandate to protect good and restrain evil. In fact
perpetrators of war violate the good and most often use unrestrained
evil (violence) to counter what they consider evil in the service
of national self-interest. Examples abound. Policing, on the other
hand, as I am using the term in this article, is a metaphor for
all institutional life in civil society in which the exercise of
power is necessary for maintaining discipline and order on domestic,
municipal, provincial, national, and international levels. For pacifist-Mennonite
intellectuals to argue against policing is, I claim, a form of intellectual
dishonesty, unless they disavow all public attempts to maintain
civil order.
This raises the question of how, given the church's
primary call to proclaim and incarnate the so-called "perfection
of Christ," the church is involved, if at all, in the providential
and preservative activity of God in a fallen world that functions
through the institutions of authority, power, and force identified
above. I suggested that 1) the church ought not to look upon such
institutions of authority as being by definition demonic and enemy
territory, but as having legitimate, divinely ordained tasks within
the world. The church ought to pray for and support the limited
but nevertheless legitimate functions of these "orders."
2) The church ought to act as prophetic watchdog or gadfly, critically
watching and reminding institutions of authority not to overstep
their limited mandate of restraining evil and protecting the good
through the use of power and sometimes force. War, for instance,
is an overstepping of the boundary. 3) The church, therefore, will
support in prayer, wisdom, and guidance not only direct work of
peace and reconciliation in the world but also indirect peacekeeping
activities by government-sponsored and non-government-sponsored
work in areas of policing, prison work, social services, civil rights,
peacekeeping, and so on. Support might take the form of helping
groups and individuals within the church's ranks to discern whether
they are called to be instruments of God's preserving and providential
functions, and what it means to be faithful within limited parameters.
Within the church there are a variety of callings,
from vocations of direct peacemaking and reconciliation (Christian
Peacemaker Teams) to less direct peacemaking through involvement
in all levels of cultural and civil life. The church cannot compromise
its unequivocal commitment to loving the enemy, but it can expect
disagreement on how that principle is interpreted and applied in
civil society - i.e., what form loving the enemy might take in diverse
situations of everyday life as well as in times of crisis.
This is where Miroslav Volf falls short. At the end
of his Exclusion and Embrace, after so powerfully making
the case for the way of the cross as a way of overcoming violence
and embracing the other, he adopts a stance like that of Reinhold
Neibuhr, an American Christian realist thinker, and concludes that
consistent non-retaliation and nonviolence may be impossible in
a world of violence. Violent measures, and the preparation for the
use of violent means may be necessary in such a violent world as
ours in order to take down tyrants and madmen and prevent more ordinary
perpetrators on our streets from committing violent acts. What can
never be justified, according to Volf, is the use of religion to
justify such necessary activity. Volf fails to make important distinctions
between the resort to war and police activity, and consequently
the last few pages of his book appear to undermine the rest of his
powerful analysis. He jumps from an unqualified defense of self-giving
love and embracing of the other to the other extreme of violently
bringing down the tyrant.
One might ask, have I not here entirely forsaken the traditional
Mennonite peace position? I don't believe so. I know of no sixteenth-century
Anabaptist who denied the need for strong civic institutions (magistracy,
government) to punish the wicked, restrain evildoers, and protect
the innocent with the use of force. In some instances (Menno Simons)
even magistrates can be Christian and be accountable to biblical
imperatives. What Anabaptists did reject was wanton bloodshed, especially
when directed against religious dissenters like themselves.
Where first-generation Anabaptists differed significantly
among themselves was to the extent they thought regenerated Christians
(like themselves) could participate in the legitimate and necessary
"forceful" task of such magistrates. The dominant position
as it developed in second and subsequent generations was that to
live "inside the perfection of Christ" was to repudiate
all participation in magisterial offices associated with lethal
force. They negotiated conscientious objector status for themselves,
but did not demand total abstention of lethal force from those "outside
the perfection of Christ" (Schleitheim terminology), whom one
should pray for and support from a distance. This is the view of
the Dordrecht Confession, and remained the dominant Mennonite stance
up to the middle of the twentieth century.
Presupposed was a version of the two-kingdom doctrine
which did not assume that God's entire providential and preservative
activity of the world took place through the church, but that God
also worked in preservative and redemptive ways outside of the believing
community. Only with the influence of the Enlightenment - particularly
its optimistic view of history and human nature - did Mennonites
begin collapsing two-kingdom into one-kingdom thinking, in which
Christ's teachings of nonviolence could be universally applied to
all conflict in human society.
Is force, even lethal force, sometimes necessary (and
legitimate) in a sinful world? With our early sixteenth-century
ancestors I would answer: Yes. The question for us as Mennonites
is: how we as individuals and as a community to relate to this necessity?
To answer this question entails a rethinking of the two-kingdom
and one-kingdom conceptions of Christ and culture/world, church
and society/state. The differences between the "conservatives"
and the "liberals" (and "socialists") within
our community have to do with this "kingdom" issue. Two-kingdom
thinking - and the conviction that force is sometimes necessary
to restrain evil and protect the good - is premised on a more radical
view of evil and the world's fallenness. Conflict and broken relationships
(individual, societal, global) can not be easily fixed without divine
intervention. This is the conservative truth. The danger
(and untruth) of the conservative view is that it is all-too-frequently
used to support uncritically a conservative and right-wing political
ideology in the service of modern states. This is exactly what has
happened in large segments of the American Mennonite community.
In reaction to this misuse of historic Mennonite two-kingdom
thinking, a significant number of American Mennonite intellectuals
in the twentieth century have rejected altogether such two-kingdom
thinking in favour of an "already - not yet" historical
perspective. This is really a form of one-kingdom thinking, in which
the present historical moment (whether in the church or the society
at large) is potentially a partial realization of the future kingdom
of God. Historic Mennonite priorities (the rejection of force and
nonresistance [Wehrlosigkeit] for Christians) are now transformed
into nonviolent resistance, conflict resolution, and mediation applicable
to society at large. In other words, historic Mennonite principles
guiding regenerated Christians inside the perfection of Christ,
now are adapted and applied to those living outside the perfection
of Christ without the need for spiritual regeneration. This is what
I call the liberal and socialist truth (socialism as a radicalization
of liberalism). And it is a truth! For if, as Yoder and now Stanley
Hauerwas claim, God's revelation in Christ (the way of the cross
and nonviolent love) is the "grain of the universe," then
what is revealed in Christ applies to the whole of society, to the
whole world, and to the whole cosmos. The only problem is that some
steps frequently get missed. One such forgotten step is to underrate
the tenacity of sin, evil, and violence. This tenacity of violence
in a post-lapsarian and pre-eschaton universe requires institutions
and measures that limit that evil. This is what conservatives (including
historic Anabaptists) have always rightly understood and liberals
have always had trouble with.
The challenge for us as twenty-first century Mennonites
is to retrieve some form of two-kingdom thinking but to reconfigure
the relationship between the two realms: the realm of the fallen
and violent world, and the realm of "regenerated" Christians
committed to the "grain of the universe." Such a reconfiguration
is necessary because we, perhaps more than pre-twentieth-century
Anabaptist-Mennonite traditionalists, recognize the interwoven-ness
and ambiguity of all of life. There are no absolute boundaries between
those who are "inside the perfection of Christ" and those
that are "without." God in God's preservative, providential,
regenerative, and restorative spirit works in both realms. This
means that Christians, who consciously confess faith in Christ give
priority to developing non-coercive means of conflict resolution
both in the church and in the world without the illusion that all
conflicts can be solved in this way. Force, even "lethal"
force (in the form of policing, not warring) may sometimes be necessary
to protect "innocent" people from slaughter.
In his recent article, "Culpable Nonviolence:
The moral ambiguity of pacifism," Ernie Regehr (Voices Across
Boundaries: a multifaith magazine, 1/1 [Summer, 2003]) persuasively
spells out what this would mean for us in the Historic Peace Church..
Regehr, founder and Director of Project Ploughshares is specifically
concerned in this article with the war in Sudan that has claimed
more than two million lives since 1983. As is so often the case
when corporate and national self-interests are involved, the international
community has refused to intervene. The Sudanese people are "victims
of inaction." During a recent visit to Sudan by a delegation
that included Regehr, one Sudanese spokesman of the IDP (internally
displaced persons) challenged Regehr as a Mennonite: Why would Mennonites,
who have a reputation for compassion and peacemaking, not support
immediate military intervention. Regehr responded: "[O]ur refusal
to call for military protection [is] not evidence of callous indifference,
but [is] part of a principled commitment to nonviolence." The
Sudanese man was not impressed and asked, "[How] is the principle
of nonviolence honoured by the international community's refusal
to lift a single finger against ceaseless, egregarious violence
directed at unarmed and unprotected people in southern Sudan?"
The same argument could be made by victims in Angola, Philippines,
Sri Lanka, Kashmir, Burundi, and three dozen other wars around the
globe, says Regehr. He concludes: "To eschew the defence of
our own interests through war and violence is clearly noble. To
refuse to support the resort to protective force when victims of
that refusal are not ourselves but the desperately vulnerable is,
at a minimum, an ambiguous virtue. If the refusal to use force costs
lives, it really becomes culpable nonviolence."
Prevention, disarmament, and alternative non-military
solutions are clearly preferable and should be the primary focus
of attention of the Historic Peace Churches. However, according
to Regehr, there are times when one is left with the "devil's
choice," between abandonment of innocent victims and military
action with potentially tragic consequences. What is required, suggests
Regehr, is a "theological doctrine of just pacifism" -
not only violence avoidance but violence prevention. The international
community has not only the right to intervene in sovereign states
in extreme cases of suffering of innocent peoples but the duty to
do so, not as an act of war but as an act of policing. It may be
that corporately our Mennonite calling (or charism within the ecumene)
is to be uncompromising in our repudiation of all resort to lethal
force ourselves, and to call others to the same radical faithfulness.
Surely, however, this does not justify our condemning other Christians
and the international community in their compassionate police-keeping,
including military intervention in places like Sudan. In fact, we
ought to encourage and support such acts of "love for the neighbour,"
even within our own ranks.
A. James Reimer teaches Religion and Theology
at Conrad Grebel University College, and at the Toronto School of
Theology.
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