[kabar]

Good article from US Army War College. The author makes some valid points. The courts are setting some terrible legal precedents, which have long term implications. Judicial activists on the bench are trying to apply the Geneva Convention and our domestic criminal justice system to the WOT. We are hobbling our military by doing so, and that is without precedence.

I agree with his conclusion:

Unlawful belligerency, whether as terrorist warfare or in some other form, may become a familiar and ugly facet of modern life. The executive branch is best equipped to devise rules for this emerging though not entirely unprecedented problem, with oversight provided by Congress. The judicial branch is least equipped to answer these questions, but has taken a rapid lead. A pragmatic response to terrorism will require the systematic presentation of a clearly articulated set of customary rules of war. These must be established without further delay.

[hershey]

I agree.

[BenLurkin]

Isn't there legal precedent in handling terrorists?

Specifically, why not treat them as pirates -- and hang them?