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Overwhelming Retaliatory Response II

Philosophical and Legal Framework Applied to the Ukraine-Russia Conflict

 

The philosophical and legal justifications for an overwhelming retaliatory response—rooted in Just War Theory’s jus ad bellum (right to war for self-defense) and jus in bello (discrimination and proportionality in conduct), alongside Article 51 of the UN Charter—extend directly to the Russia-Ukraine conflict. Russia’s full-scale invasion on February 24, 2022, constituted an unprovoked armed attack on a sovereign state, invoking Ukraine’s inherent right to self-defense. Philosophically, as Grotius emphasized, aggression against territorial integrity justifies a forceful restoration of the status quo ante, with overwhelming measures permissible if they neutralize the aggressor’s capacity for sustained harm without descending into vengeance. Legally, the Caroline doctrine supports “instant, overwhelming” countermeasures, and proportionality is assessed against the invasion’s scale: Russia’s annexationist aims and hybrid warfare tactics (e.g., disinformation, cyber attacks) demand comprehensive repulsion, including deep strikes into aggressor territory to disrupt command structures. Unlike limited skirmishes, this state-on-state conflict permits escalation to achieve decisive security, provided civilian protections are prioritized.

 

Russia’s Aggression: A Hybrid of Conventional and Unconventional Violations

 

Russia’s invasion began with strikes on military installations—airfields, command centers, and border defenses—echoing the conventional nature of Pearl Harbor as a first strike on armed forces. However, it rapidly devolved into systematic violations of warfare norms, surpassing Pearl Harbor’s military focus and aligning more closely with the Hamas attack’s civilian targeting. By September 2025, over 1,310 days into the war, Russian forces have committed extensive war crimes, including deliberate drone strikes on civilians classified as crimes against humanity by the UN Commission of Inquiry. These attacks, escalating since January 2025, have killed and injured more civilians than in the prior year, targeting residential areas, hospitals, and infrastructure in cities like Chernihiv and Kyiv. Tactics mirror Hamas’s barbarity: summary executions, torture of POWs, forced deportations (including children), and destruction of civilian objects, as documented by Human Rights Watch and the International Criminal Court. Unlike Japan’s 1941 strike, which avoided deliberate civilian massacres, Russia’s campaign includes “filtration” camps in occupied territories for ideological vetting and Russification, violating Geneva Conventions on protected persons.

 

Philosophically, this breaches jus in bello’s discrimination principle, treating civilians as tools for terror and attrition, much like Hamas’s festival and kibbutz assaults. Legally, it contravenes Additional Protocol I’s bans on indiscriminate attacks, rendering Russia’s “special military operation” a crime of aggression under the Rome Statute. As of September 2025, Russian offensives have gained modest territory (206 square miles in late August to September) at enormous cost, but with no strategic breakthroughs, underscoring the invasion’s failure as a just cause.

 Justification for Ukraine’s Overwhelming Response

 

Ukraine’s countermeasures—ranging from fortified defenses and counteroffensives to long-range strikes on Russian logistics—constitute a justified overwhelming retaliation, calibrated to the existential threat. Philosophically, it embodies Aquinas’s right intention: not conquest, but survival and restoration of sovereignty, countering Russia’s revanchist ideology that denies Ukrainian nationhood. The 2024-2025 Kursk incursion, where Ukrainian forces seized up to 1,000 square kilometers temporarily to draw Russian reserves, exemplifies “overwhelming” necessity: disrupting supply lines to halt advances in Donbas, though most gains were lost by March 2025 to Russian counterattacks. Legally, these operations fall under Article 51 self-defense, extended by the doctrine’s allowance for preemptive neutralization of ongoing threats; Ukraine’s military chief has affirmed 2025 Russian offensives’ failure, justifying sustained pressure to prevent resurgence.

 

Proportionality is evident: Ukraine’s responses, bolstered by Western aid, target military assets (e.g., drone factories, bridges) without equivalent civilian atrocities, adhering to jus in bello. Unlike Gaza’s “armed camp” under Hamas control—where population support for the regime hovered at 37-38% amid embedded militancy—Ukraine’s defended territories show collapsing but resilient war support (74% favoring negotiated peace along current lines, rejecting Russian terms), with occupied areas featuring resistance over endorsement. Russian resettlement efforts in places like Kherson aim to manufacture loyalty, but polls indicate limited genuine backing, contrasting Gaza’s ideological alignment. This civilian resilience bolsters Ukraine’s moral high ground, as complicity is minimal compared to Hamas’s societal entrenchment.

 

Comparison of the Moral Justification of the Three Wars

AspectPearl Harbor (1941)Hamas-Israel (2023)Russia-Ukraine (2022)
Initial AggressionMilitary targets only; conventional first strike.Civilian massacres; terrorism violating norms.Military strikes escalating to civilian targeting and war crimes.
Philosophical FitJust cause for total war to neutralize empire.Existential terror justifying regime dismantlement.Attrition warfare demanding sovereignty restoration.
Legal BasisArticle 51; Caroline doctrine for overwhelming Pacific campaign.Article 51; Geneva violations permit broad self-defense.Article 51; ICC warrants for aggression/crimes against humanity.
Response ScaleOverwhelming (island-hopping, nukes) to achieve surrender.Overwhelming in Gaza to eradicate tunnels/leadership.Defensive overwhelming (Kursk, deep strikes) amid attrition stalemate.
Population RoleN/A (state aggression).Widespread Hamas support in “armed camp.”Resistance in occupied areas; no equivalent support for invader.
2025 StatusResolved via decisive victory.Ongoing; Hamas weakened but persistent.Stalemate; Russian gains minimal, peace talks stalled post-Trump U-turn.

In essence, Russia-Ukraine most resembles Pearl Harbor in interstate conventionality but incorporates Hamas-like atrocities, amplifying the imperative for Ukraine’s resolute defense. As the Kremlin insists on “no alternative” to war amid nuclear saber-rattling, Ukraine’s response upholds global norms, though 2025’s fatigue risks negotiated concessions that could undermine lasting peace.