the status of al Qaeda terrorists is to be found in a distinction first made by the Romans and subsequently incorporated into international law by way of medieval and early modern European jurisprudence.
the Romans distinguished between bellum - war against legitimus hostis, a legitimate enemy) and guerra - war against latrunculi - pirates, robbers, brigands and outlaws.
Bellum became the standard for interstate conflict, and it is here that the Geneva Conventions were meant to apply. They do not apply to guerra.
Indeed, punishment for latrunculi, “the common enemies of mankind,” traditionally has been summary execution.
Though they don't often employ the term, many legal experts agree that al Qaeda fighters are latrunculi — hardly distinguishable by their actions from pirates and the like.
Thus al Qaeda members “can be punished for all hostile acts, including the killing of soldiers, because they have no right to participate directly in hostilities.”
But the Obama administration is about to extend legal rights — intended to protect civilians — to the very latrunculi who want to blow them up by considering the possibility of trying them in U.S. courts.
Indeed, Attorney General Holder did not rule out trying the Somali pirates.
“latrunculi” and “hostis humani generis” certainly should apply to al quaida terrorists, et al, and somali pirates. Summary execution is warranted and justifiable. But this president has no b—ls. Weakness begets trouble. The begetting has commenced in full array.
Thanks for the useful info.
I’m not sure the Romans wouldn’t have crucified pirates. A long row of pirates writhing on crosses in the hot sun along a Somali highway would have a salutary effect upon the local populace.