:: Ex Parte Quirin established the principle that, in times of war, enemy agents can be tried by military courts ::
So, how is “war” defined? Does war exist without a formal declaration? Ask, al-khaida. Ask Iran.
What constitutes war? How much Constitutional gravitas does a formal declaration carry? How does the Constitution define war? How does the CFR define war? How does the Military Code define war?
Maybe some should cease thinking of war as military action by the US against a foreign state?
In not sure if this has been posted, but it looks like even CNN can find precedent for trial of US citizens in military courts.
Good questions,
surely one could argue that Rogue agents within our own government colluding with foreign intelligence and other entities to overthrow the constitutionally elected President of the USA constitutes an act of war, but what do I know i’m just reading a larp. The MSM told me, LOL
The Law of War manual defines war variously but describes situations like ours. Does not have to be declared, because some were conducting undeclared war to avoid Geneva conventions so that loophole was closed. Can be between two non-nations (groups) or a state against a group (rebels) etc. Many different ways of defining it so that it comes down to “aggression” or even intent to wage war that exceeds riots or internal “tension.”
http://archive.defense.gov/pubs/Law-of-War-Manual-June-2015.pdf