Oystein
Penultimate Amazing
- Joined
- Dec 9, 2009
- Messages
- 18,948
I see a slippery slope and some unwanted, counter-productive drawbacks when you start declaring attackers "combattants of war" that were previoisly "criminals".
One is the danger of eliminating due process, and establishing powers for the military to turn their guns at domestic subjects - smoething that should raise alarms with everybody.
Then comes the problem that recognizing the foe as a combattant runs the risk of accepting that what he does is legitimate. It might open terrorists a door towards methods of violence that arent't even illegal, as war as such is not illegal.
And finally, as per UN Charter (which is, as a ratified treaty, a Supreme Law of the Land in the USA), the UN Security Council is the political body that ultimately ought to decide how an armed conflict is to be handled, and by whom. In practice, of course, the USA as a veto power can and does stall any motion by the SC if and when it goes against her will, but there we have the international diplomatic repercussions again. And the reason why the USA has not ratified the Statue of the International Criminal Court.
One is the danger of eliminating due process, and establishing powers for the military to turn their guns at domestic subjects - smoething that should raise alarms with everybody.
Then comes the problem that recognizing the foe as a combattant runs the risk of accepting that what he does is legitimate. It might open terrorists a door towards methods of violence that arent't even illegal, as war as such is not illegal.
And finally, as per UN Charter (which is, as a ratified treaty, a Supreme Law of the Land in the USA), the UN Security Council is the political body that ultimately ought to decide how an armed conflict is to be handled, and by whom. In practice, of course, the USA as a veto power can and does stall any motion by the SC if and when it goes against her will, but there we have the international diplomatic repercussions again. And the reason why the USA has not ratified the Statue of the International Criminal Court.