Vietnam and Grotius’s Standards for Just War

The Vietnam War and Grotius’s Standards for Just War

The Vietnam War resulted in the deaths of more than three million Vietnamese combatants and non-combatants in North and South Vietnam. America lost 58,000 combatants. Both countries were split by opposing camps. Both countries suffered great losses in economic resources and political credibility (Shermer, 2017, pg.1). But was America’s involvement in the war a just cause?

Grotius’s Standards for Just War

According to David Armitage (2018), “Grotius was the first theorist of the law of nations . . . to grapple with the meaning of civil war” (Armitage, 2018, pg. 8). Grotius generally defined war as “armed execution against an armed adversary” (Armitage, 2018, pg. 8) and made distinctions between public and private wars. Public wars resulted from “the public will, or the legitimate authority in a state” (Armitage, 2018, pg. 8). Private wars resulted from private entities or individuals and did not depend on the public’s endorsement (Armitage, 2018, pg. 8). Grotius further defined civil war as a “public war waged ‘against a part of the same state’” (Armitage, 2018, pg. 8). Later, he elaborated on “mixed war . . .  a war fought on one side by the legitimate authority, on the other by ‘mere private persons’” (Armitage, 2018, pg. 8). Grotius denounced private war against the State at any cost and even condoned “submitting to an unlawful government” (Armitage, 2018, pg. 8) in order to avoid civil war.

Although Grotius is widely touted as one of the founders of international law, he is best remembered for his defense of the use of force by the Dutch East India Company against the Portuguese (Lang, 2018, pg. 133). He insisted “that no state could control [the seas]” (Lang, 2018, pg. 133-134), therefore, the use of force was justified, even though the Dutch East India Company was a private company. It followed that the State found it necessary to control such private companies in order to give them legitimacy and sovereignty as part of the State (Lang, 2018, pg. 134).

Grotius still affirmed the three traditional bases for just war – “self-defense, retaking of property unlawfully taken, and punishment of wrongdoing” (Lang, 2018, pg. 134). He still relied on natural law to guide people morally and saw no conflict between natural law and divine law (Lang, 2018, pg. 134-35). He concluded that natural law and the law of nations worked in tandem to support the guidelines that shape the jus in bellum between warring nations; and he did not condone breaking either natural law or the law of nations (Lang, 2018, pg. 135).

We, therefore, see Grotius condoning war that conforms “to both natural law and the law of nations” (Lang, 2018, pg. 136). A private war is just when someone (or a private entity) is acting to defend himself from harm (Lang, 2018, pg.136). However, he condemns “insurrection by subjects of a sovereign, arguing that once they enter into the relationship of a formal community there is a need to ensure that peace is the outcome rather than continued war” (Lang, 2018, pg. 136).

Was the Vietnam War Ethically Justifiable in Terms of Grotius’s Standards

According to Greenspan (2019), “the Vietnam War was ostensibly a civil war between the communist North and pro-Western South” (Greenspan, 2019, pg. 1). After the French were ousted from colonial rule of the country in 1954 by communist leader Ho Chi Minh, civil war broke out between Viet Cong forces from the North and Ngo Dinh Diem’s U.S.-backed forces in the South. Under pressure from the Cold War that was going on between the Soviet Union, China, and the United States, American leaders elected to back Diem’s forces in the South to prevent a communist take-over of South Vietnam. The U.S. eventually overthrew the Diem government in a coup in 1963 (Greenspan, 2019, pg. 2, 3).

In 1964, President Johnson committed “combat troops and launch[ed] a massive bombing campaign” which cemented America’s investment in the war. By the time of the U.S. troop withdrawal in 1973, the war had cost American taxpayers $111 billion in military costs alone (Greenspan 2019, pg. 3), and America could not claim victory in the war. In 1975, South Vietnam fell to North Vietnam, becoming a communist country against the will of the people (Greenspan, 2019, pg. 6).

The Vietnam War has many layers to it. In the first phase, the Vietnamese people staged an insurrection against the French colonial government in order to win their own freedom and become a sovereign nation. In the second phase, when the country was divided with the understanding that it would be re-united, elections were not held, and the Viet Cong from the North started hostilities against the South in order to turn the whole country communist. In the third phase, the United States and other countries intervened in the hostilities, with opposing countries supporting opposite sides. In the fourth phase, the United States pulled out of Vietnam, and the North defeated the South, turning Vietnam into a communist country against the will of the people (Greenspan, 2018, pg. 1-6).

If we are to take Grotius literally, he would have condemned the insurrection against the colonial French government by the Vietnamese (Lang, 2018, pg. 136) and then the civil war that broke out because he did not condone either instance of war. He himself said that “submitting to an unlawful government” (Armitage, 2018, pg. 8) was better than ripping a country apart with civil war. Elections had not yet been held to reunite the country, so neither government was legitimately elected by the people. When the North attacked the South, it was attempting to take over the South against the will of the people. Grotius’s defense of self-defense against harm would apply here because the people in the South were defending themselves from harm against an illegitimate government (Lang, 2018, pg. 136).

When the United States got involved in the war, we were helping the South Vietnamese defend themselves against an aggressor. It may have been foolish to get involved, but the right intention was there – charity in helping one’s neighbor defend himself. Grotius, as a Protestant Christian, said, “we must also take care that we offend not against Charity, especially Christian Charity” (Lang, 2018, pg. 139). The paranoia about the communist threat was real at that time, and America’s leaders acted to minimize that threat, however misguided. The Viet Cong did not follow any rules of war – their goal was just to win, and they did (Greenspan, 2019, pg. 6). So, although Grotius would not have agreed with insurrection and civil war, I believe he would have lauded the United States for attempting to help the South Vietnamese defend themselves against the aggressors in the North.

Works Cited

Armitage, D. (2018). Civil war time: From grotius to the global war on terror. The american

       society of international law, 3-14. doi:10.1017/amp.2017.152

Greenspan, J. (2019, June). Which countries were involved in the Vietnam war? History.com.

       http://www.history.com/news/vietnam-war-combatants

Lang, A.F. (2018). Hugo grotius (1583-1645). In D.R. Brunstetter & C. O’Driscoll (Eds.),

       Just war thinkers: From cicero to the 21^st century (21-33). Abingdon, Oxon: Routledge

Shermer, M. (2017, December). Can we agree to outlaw war – Again? Scientific american.

       Retrieved from http://www.scientificamerican.com/article/can-we/agree-to-outlaw-war- 

       mdash-again/?

Dawn Pisturino

Thomas Edison State University

November 3, 2021; April 29, 2022

Copyright 2021-2022 Dawn Pisturino. All Rights Reserved.

---