OK, question time, because I've been thinking a lot on this and can't find a clear answer myself.
There are, regardless of the reasons why, lots of people in the world who are 1) actively trying to commit or support acts of war on the US and 2) have self-defined themselves as individuals at war with the US.
They may commit these acts abroad or in the US, but their intent is the same. When captured, these people may be tried under US criminal law...and then possibly not convicted or, even if convicted, released after a period of time (during which they've learned a lot of great stuff from being incarcerated with lots of other bad people from all walks of criminal life...cool...).
Or, they can be treated as EPWs (enemy prisoners of war), which is fairly consistent with their own self-definition and our interpretation of their actions. This is true even if their acts are committed in the US; their acts are intended to attack the US as an entity...acts of war, not mere criminal acts. (I'm trying to think of a good way to draw a defining line between a criminal act and an act of war based solely on the act, but I think that's impossible...I think the individual's intent and associations would have to be considered to make the call...)
Now, an EPW is released when the war is over and their national government has ceased hostility. So what do we do with these people who belong to no national government and will continue their acts of war with redoubled intensity once released?
Honestly, I can't think of an answer except for permanent incarceration or the death penalty. It's pretty depressing that it's all I can come up with, but what's the intelligent alternative to Guantanamo and extraordinary renditions?
I can think of a million reasons why these things suck and why they're bad for PR, but seriously, we're dealing with committed people who view our society's heterogeney and any societal/legal protections we afford as weaknesses to exploit.
Thoughts? (I'd like to discuss this, not just yell at one another...just been putting the brain to the grindstone on this one lately...)
MD
There are, regardless of the reasons why, lots of people in the world who are 1) actively trying to commit or support acts of war on the US and 2) have self-defined themselves as individuals at war with the US.
They may commit these acts abroad or in the US, but their intent is the same. When captured, these people may be tried under US criminal law...and then possibly not convicted or, even if convicted, released after a period of time (during which they've learned a lot of great stuff from being incarcerated with lots of other bad people from all walks of criminal life...cool...).
Or, they can be treated as EPWs (enemy prisoners of war), which is fairly consistent with their own self-definition and our interpretation of their actions. This is true even if their acts are committed in the US; their acts are intended to attack the US as an entity...acts of war, not mere criminal acts. (I'm trying to think of a good way to draw a defining line between a criminal act and an act of war based solely on the act, but I think that's impossible...I think the individual's intent and associations would have to be considered to make the call...)
Now, an EPW is released when the war is over and their national government has ceased hostility. So what do we do with these people who belong to no national government and will continue their acts of war with redoubled intensity once released?
Honestly, I can't think of an answer except for permanent incarceration or the death penalty. It's pretty depressing that it's all I can come up with, but what's the intelligent alternative to Guantanamo and extraordinary renditions?
I can think of a million reasons why these things suck and why they're bad for PR, but seriously, we're dealing with committed people who view our society's heterogeney and any societal/legal protections we afford as weaknesses to exploit.
Thoughts? (I'd like to discuss this, not just yell at one another...just been putting the brain to the grindstone on this one lately...)
MD