War Without Mercy: Liberty or Death in the American Revolution by Mark Edward Lender and the late James Kirby Martin is an enlightening and innovative look at violence and norms during the American Revolution. The authors waste no time getting to the point: they want to know why the war reached a point in which seemingly boundless levels of violence were embraced by all sides without regard to emerging standards of international law nominally intended to govern the use of force in warfare, collectively referred to as jus in bello, a Latin phrase essentially referring to the legal conduct of a war or justice in war. (Jus ad bellum refers to the legality of initiating a war. Collectively, they are key components of just war theory. Lender and Martin focus on jus in bello, particularly as it refers to legal or moral constraints on violence.)
War Without Mercy lays out the basic concepts of jus in bello as it was understood in the late 18thcentury. While historians often attribute the origins of modern international law to Hugo Grotius, Lender and Martin take Emer de Vattel’s landmark 1758 work “The Law of Nations” as the baseline text relevant to the American Revolution. Vattel offered limits on the conduct of military operations, clearly delineating concepts such as combatants, non-combatants, and proportionality. In general, he tried to narrow the scope of war so that it remained the domain of organized governments and outside the domain of broader society. Elites on both sides of the Atlantic had often read Vattel’s work, or were at least familiar with the ideas it contained, and War Without Mercy demonstrates that many of them sought to honor its principles, for moral, professional, and practical reasons.
That said, Lender and Martin argue that violence committed outside of the purview of elite-led revolutionary governments and the Continental Army (usually) characterized the war. The vast majority of fighting during the American Revolution occurred in small battles, skirmishes, and raids that resembled mob and gang violence directed at people out of uniform more than organized martial conduct. In that context, it routinely violated concepts of jus in bello. In addition to outlining earlier studies making that case, War Without Mercy examines the war in New Jersey, the western theater, the New York frontier, and the south. While those regions saw significant battles or campaigns, the day-to-day war was fought between small units of militia or irregulars with an occasional admixture of regulars or Continentals. In each case, Lender and Martin examine the escalation of events over the course of the war and the reasons each side tended toward “existential warfare,” essentially, war to the death in which the alternative to victory was total destruction. Given such high stakes, any constraints on means were self-defeating. No combatants could run the risk of losing the war by being charitable towards their enemies. Outrage sparked outrage. Thus, violence escalated like a ratchet as each side retaliated for perceived wrongs. It was a possibility several prominent patriots recognized before the fighting began. Indeed, James Lovell predicted it in his 1771 speech commemorating the Boston Massacre. War Without Mercy attributes the beginning of the cycle to the rebels, who quickly turned to intimidation, the threat of violence, and outright violence to silence loyalists and establish local political control as British colonial government collapsed.
One chapter examines Benedict Arnold’s raid on New London, CT. Lender and Martin consider the offensive and the Battle of Groton Heights, as the assault on Fort Griswold defending the River Thames was known, in the context of jus in bello. In general, despite the destruction of New London and the bloody results at Fort Griswold, they find the raid consistent with Vattel’s law of war. As a major privateering base, New London made itself a legitimate target of war and Arnold strove to limit damage to private property that did not contribute to the American war effort. The bloodletting at Fort Griswold was more the result of the fog of war, weak command and control, and the natural challenges of suddenly attempting to restrain men in the midst of intense combat. The New London raid, however, does demonstrate the blurring of lines between combatant and non-combatant, legitimate and non-legitimate objects of military operations, under the doctrine of jus in bello, as the war progressed and intensified. Lender and Martin liken it to the difficult decisions facing RAF Bomber Command during World War II, when it shifted from ineffective attempts to bomb specific targets to area bombing.
War Without Mercy is a must read. Revolutionary War library shelves are rife with biographies, battle studies, and political narratives. Fewer books place the American Revolution in the wider study of warfare and its evolution. By considering the war in the context of emerging principles of jus in bello and the rapid escalation to existential warfare, Lender and Martin are bringing a new analytical perspective to the study of the American Revolution. It’s a vital interpretation of the war’s nature.











