I. The Jedi way akin to International Humanitarian Law (IHL)
As explained by the International Committee of the Red Cross, in warfare, IHL permits the use of force only:
- to the extent necessary to weaken the military capacity of the enemy (military necessity);
- if proportionate to the military advantage sought (proportionality); and
- by distinguishing between civilians and combatants, as well as civilian objects and military objectives (distinction).
Violating IHL may result in war crimes trials nationally or, eventually, by the International Criminal Court (ICC).
Those interested in exploring IHL could contemplate the Star Wars saga (Lucasfilm/Disney Company), wherein warfare prevails between the Force holders (Sith and Jedi). Akin to IHL, the Jedi way is best formulated in The Empire Strikes Back:
YODA: A Jedi uses the Force for knowledge and defense, never for attack.
A. Anakin-Dooku Showdown
Having cut-off Dooku’s hands, Anakin holds two lightsabres around the neck of the kneeling Sith. Reluctantly, Anakin kills Dooku, encouraged by Palpatine, who believes that he would have been too dangerous otherwise. But Anakin affirms that this contradicts the Jedi way, as Dooku was “an unarmed prisoner”. In IHL, combatants falling into enemy power become prisoners of war (POWs) who must be cared for, specifically if wounded and no longer fighting. A handless Dooku could neither use the lightsabre nor discharge Force lightning. He was hors de combat. To counter Anakin’s remorse, Palpatine argues that Anakin’s revenge was natural since his own hand had been previously cut-off by Dooku. IHL forbids reprisals against protected persons, including captured combatants and POWs.
- Question: did the killing of Dooku conform to IHL?
B. Mace Windu-Palpatine-Anakin Showdown
Later, Mace Windu’s Jedi delegation, lightsabres on, moves to arrest Palpatine. Defiantly drawing his lightsabre, Palpatine kills all but Mace Windu who, having disarmed him, attempts again to arrest him. But, threatening to kill Mace Windu, Palpatine discharges Force lightning at him, who blocks it with his lightsabre.
- Question: is Mace Windu’s use of force necessary and proportionate?
A seemingly suffering Palpatine, whose face is deforming under the Force lightning’s deflection, stops all. Saying that he gives up, is weak and dying, Palpatine implores Mace Windu not to kill him. Anakin tells the Jedi master that Palpatine should stand trial, instead of being killed. But fearing the Sith takeover of the senate and courts, MAce Windu says that Palpatine’s danger is such that he should be killed. Anakin affirms that this contradicts the Jedi way. Mace Windu, who has sought twice Palpatine’s surrender, now moves to kill him.
- Question: is the Sith take-over of public institutions an immediate enough threat to justify Palpatine’s killing?
In contrast, Anakin opts for the principle of distinction. He views Palpatine as a wounded hors de combat who implores mercy and who should stand trial. As Mace Windu is about to kill Palpatine, Anakin cuts off his hand. Regaining instant strength, Palpatine kills Mace Windu with his Force lightning. IHL considers perfidy as a war crime.
- Question: did Palpatine fake his weakness?
C. Obi-Wan-Anakin Showdown
With their take-over of public institutions and Jedi mass-killing, Yoda too concludes that the Sith must be destroyed. He and Obi-Wan go after Darth Sidious on Coruscant and Anakin on Mustafar, respectively. In what would be the end of their battle, Obi-Wan, standing on the lava river’s embankment, faces Anakin, standing on a raft. Having the high ground, Obi-Wan warns Anakin not to try jumping towards him. Anakin ignores the warning. Obi-Wan cuts off his feet and left arm.
- Question: was Obi-Wan’s action necessary and proportionate?
Very slowly, Anakin slides down towards the lava river, at the contact of which, he bursts into flames, screaming his hatred for Obi-Wan, who walks away. IHL imposes a duty of treatment and care of the wounded, sick and shipwrecked.
- Question: did Anakin present an immediate enough danger?
III. Return of the Jedi: Luke-Darth Vader Showdown
Like Yoda told him before, now Obi-Wan tells Luke that only death can defeat the Sith. During the ensuing lightbabre duel with Darth Vader, Luke angrily knocks him to his knees and slashes off his lightsabre holding hand. As with Anakin and Dooku before, Darth Sidious now asks Luke to kill and replace the wounded and hors de combat Darth Vader. Luke looks at his artificial hand severed earlier by Darth Vader.
LUKE: Never. I'll never turn to the dark side. […] I am a Jedi […].
Unlike Anakin with Dooku, Luke seems to strike a balance between warfare necessities and respect for humanity. He departs from the Jedi’s Sith killing order, while rejecting the Sith deceit and retaliatory approach.
- Question: is Luke’s the Jedi way?
IV. Why IHL matters
As seen, IHL aims at ensuring that:
- those who do not or no longer participate in warfare are spared; and
- violence, including killing, is limited to that which is necessary to weaken the enemy.
In the heat of the moment however, its application is complex. Combatants must train in IHL. Otherwise, one may face national or eventually international war crimes trial.
After all, war tears apart humanity and depletes both its cultural heritage and natural environment. This is best encapsulated by Yoda in The Empire Strikes Back, when reacting to Luke.
YODA: A great warrior? Wars not make one great.
The views above are those of the author’s alone, in his personal capacity.