Case Study Commentary and Analysis: The Moral Sword of Damocles

Case summary, by James Cook (Case Study Editor):

In the final issue of the 2015 volume of the Journal of Military Ethics, we published a case study entitled “Coining an Ethical Dilemma: The Impunity of Afghanistan’s Indigenous Security Forces”, written by Paul Lushenko. The study detailed two extra-judicial killings (EJKs) by Afghan National Police (ANP) personnel in an area stabilized and overseen by a US-led Combined Task Force (CTF). To deter further EJKs following the first incident, the CTF’s commander reported the incidents up his chain of command and used the limited tools at his disposal to influence local indigenous officials directly. Apparently, the ANP unit took no notice. In his commentary on the case study, Paul Robinson considered moral compromise in war more generally. Coalition troops in Afghanistan, for instance, have encountered not just EJKs but also sexual abuse of minors, killing of non-combatants, kidnapping, torture, and widespread corruption. What should the soldier on the ground do if indigenous personnel violate Laws of Armed Conflict (LOAC) with impunity? Refusing to serve will not right or prevent moral wrongs, while staying on to fight the good but futile fight will mire the soldier in moral compromise. “?… S]oldiers faced with this dilemma have no good options. The systemic failings surrounding them mean that it is probable that nothing they do will help”. In a concluding note, I suggested that while an individual soldier may indeed have no good options, as Paul Robinson suggests, that soldier’s military and nation at large are obliged to do what they can. At least, they must keep to the moral high ground so as not to give indigenous security forces an excuse to misbehave, and determine the nature of crimes such as EJKs: are they outlaw acts or in fact endorsed by the indigenous culture and perhaps even government? Below Colonel Dave Barnes, himself a veteran of Operation Enduring Freedom, analyzes Paul Lushenko’s case study at “?…?the local, tactical level: If a commander is in this situation – where her unit witnesses an EJK or other war crime – what should she do?”