Published online by Cambridge University Press: 29 July 2016
The fact that the question of war guilt has frequently followed in the wake of major wars has contributed little, if anything, to a clarification of the concept. The perplexing difficulties raised by it are amply illustrated by the unsuccessful attempts, made periodically at various ages and on various levels of civilization, to arrive at criteria permitting a differentiation between the bellum justum and the bellum injustum. States, unlike individuals, are not confronted with simple choices between obeying or violating the law. Determination of the initial violation of existing covenants sheds little, if any, light on the responsibility for commencing war. Nor is such responsibility necessarily incurred by launching the first attack. Nothing could be more futile than to equate this act with aggressive and unjust war. The initial attack may be a legitimate response to an existing situation, and a war of aggression, as St. Augustine already pointed out, a just war; nor is there any reason to assume that the party forced into the defensive is invariably innocent. If war guilt is to be more than a specious pretense for inflicting punishment upon the vanquished, it can be measured only in terms of the alternatives available to a state, and the choice has to be viewed in the light of historical, ethical, and political factors. The assessment of such guilt is a problem of extraordinary complexity. To confine it to formal legal considerations would result not only in gross injustice, but would tend to perpetuate international tensions.
1 For a differentiation of these concepts see Schmitt, Carl, Der Nomos der Erde im Völkerrecht des Jus Publicum Europaeum (Köln 1950) 248ff.Google Scholar
2 Cf. Wilhelm Roscher, Leben, Werk und Zeitalter des Thukydides (Göttingen 1842) 447.Google Scholar
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7 Formally, the war was started by the Peloponnesian confederacy, and the first acts of war were the Theban attack on Plataea, 2.2ff., and the Spartan invasion of Attica, 2.12. In fact, the formal beginning of the war was marked by the Theban attack since only a direct attack on one's own territory created a state of war under Greek international law. Cf. 1.125; also Eduard Meyer, Geschichte des Altertums (2nd ed. Stuttgart, and Berlin, 1915) IV 288.Google Scholar
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14 Thucydides’ account is replete with references to νόμοι, κοινά τῶν ‘Ελλήνων νόμιμα, κοινά δίκαια τής ‘Ελλάδος, τά πάτρια. Google Scholar
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27 Judicial settlement became even more problematical after the Athenian defeat at Aigospotamoi when Philocles bade Lysander not to play prosecutor where there is no judge. Plutarch, Lysander 13.Google Scholar
28 The unilateral decisions of the Spartan assembly meetings preceding the outbreak of the war that the Athenians had been guilty of sufficient provocations justifying resort to war are a reflection of that state of affairs. See also 1.118.Google Scholar
29 The uncertainty accompanying all wars is well brought out in a speech of Hermocrates 4.62.Google Scholar
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63 Jaeger, Werner, Paideia: The Ideals of Greek Culture (New York 1945) I 394-5, sheds an interesting light on this point by calling attention to the fact that, in spite of subsequent ratification by the second congress of the plenum of the allies, the decision to go to war was taken by the first congress attended by only a few of the allies. He also remarks that the Spartan decision was not impelled by the allies but was her own motivated by the political situation confronting them.Google Scholar
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71 Under the unfavorable and frustrating conditions imposed upon Athens by the treaty of 446, the logic of the argument with which the Corcyraeans were trying to lure them into an alliance must have appeared compelling to the Athenians: ‘Remember that there are but three considerable naval powers in Hellas, Athens, Corcyra, and Corinth, and that if you allow two of these three to become one, and Corinth to secure us for herself, you will have to hold the sea against the united fleets of Corcyra and Peloponnese. But if you receive us, you will have our ships to reinforce you in the struggle’ (1.36). — Surely, acceptance or rejection of the alliance no longer seemed a matter of free choice as war appeared imminent.Google Scholar
72 Cf. Alcibiades’ speech to the Athenians, 6.18. The same thought was expressed earlier by Pericles, 2.64.Google Scholar
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74 1.75; 2.63. A similar view is expressed by Lysander after the Athenian defeat at Aigospotamoi, Plutarch, Lysander 22.Google Scholar
75 There can be little doubt that Thucydides’ purpose in injecting the excursus on the Pentekontaetia between the first and the second Peloponnesian congress is to show up the dilemma confronting the two contestants.Google Scholar
76 Diodotus remarks that interest rather than justice governs inter-polity relations, 3.47. In the same vein Hermocrates, 4.60, and the Corcyraean envoys, 1.28.3.Google Scholar
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86 1.76; 2.62, 63; 3.45.6; 4.61; 5.105.Google Scholar
87 It is often contended — based primarily on 3.82.8 — that in Thucydides’ view the ultimate driving forces of politics anchored in human nature are greed (πλεονεξία) and ambition (φιλοτιμία). If that were so, any concern with moral questions in the study of Thucydides’ political views would be worse than futile. However, even the casual reader cannot fail to be struck by Thucydides’ deep moral concern in unfolding the course of the Athenian tragedy even though he fails to indulge in explicit moral judgments. No one studying his anthropology can, in fact, remain unaware of the derogatory connotation, attaching to his use of the term πλεονεξία with only one exception. Cf. 3.45.4, 82.8; 4.17.4, 21.2, 41.4, 92.2. The one exception occurs in Hermocrates’ speech, 4.61.5, who finds the πλεονεκτεῖν of the Athenians excusable. The reason for this merciful judgment may lie in the recognition by that wise statesman that in the eighth year of the war the demo-realization of the entire Hellenic world had progressed too far to permit a discussion of politics in moral terms. Although all powerful political structures are driven by a natural tendency to conquer, this phenomenon is not to be explained by πλεονεξία alone. Perhaps more basic is the natural desire to be free and independent. Independence can be assured only through the development and exercise of power over others. However, that power must be used with moderation lest it become ὓβριی (Cf. Erik Wolf, op. cit. [n. 17 supra] III 2.82). Hence, human action based on nothing but πλεονεξία seems to appear to Thucydides as a perversion of human nature and as something to be distinguished from empire (ὓρχἠ ἅΛΛων) pure and simple. Empire, like all rule, involves problems of protection and concern for the welfare of subjects. That Thucydides does, in fact, make such a distinction is suggested by the repeated references to Athens — even by Athenian leaders — as tyrannical (especially in 2.63.2 and 3.37.2), implying that ὰρχἡ is not necessarily or even normally identical with tyrannical rule. The mere grabbing of land and dominion to be exploited for one's own benefit without concern for the welfare of the subjects, that is, tyrannical rule, seems an expression of πλεονεξία, an aberration rather than a universal and irrepressible human trait.Google Scholar
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94 1.23.6.Google Scholar