Comments on: Why is a terrorist, an UNLAWFUL enemy combatant, in a civilian jail/court? http://jaykersting.com/blog/2009/12/29/why-is-a-terrorist-an-enemy-combatant-in-a-civilian-jailcourt/ The unfiltered goodness that you have come to expect from Jay Kersting. Fri, 27 Aug 2010 13:53:39 -0700 hourly 1 http://wordpress.org/?v=3.0.1 By: Administrator http://jaykersting.com/blog/2009/12/29/why-is-a-terrorist-an-enemy-combatant-in-a-civilian-jailcourt/comment-page-1/#comment-29 Administrator Tue, 29 Dec 2009 21:09:43 +0000 http://jaykersting.com/blog/?p=141#comment-29 Topher, Valid points. We, the USA, did pay tributes for a while so We must have recognized them as a state. So, I agree with you there. My point on declaring war on Al-Qaeda would be that it might build their support, but it would equally build our resolve....if not exceedingly so. I'd rather see us take on an enemy with the seriousness and tenacity that we did during WWII than to continue to pussyfoot around as if to swat away at insects. Declaring war defines who the enemy is, who their allies are, and who is with us. Cut out all of the cancer cells, don't leave some behind to create another cancer. Topher,

Valid points. We, the USA, did pay tributes for a while so We must have recognized them as a state. So, I agree with you there. My point on declaring war on Al-Qaeda would be that it might build their support, but it would equally build our resolve….if not exceedingly so. I’d rather see us take on an enemy with the seriousness and tenacity that we did during WWII than to continue to pussyfoot around as if to swat away at insects.

Declaring war defines who the enemy is, who their allies are, and who is with us. Cut out all of the cancer cells, don’t leave some behind to create another cancer.

]]> By: Topher http://jaykersting.com/blog/2009/12/29/why-is-a-terrorist-an-enemy-combatant-in-a-civilian-jailcourt/comment-page-1/#comment-28 Topher Tue, 29 Dec 2009 19:31:04 +0000 http://jaykersting.com/blog/?p=141#comment-28 The pirates were operating under the protection of the quasi-independent Barbary States (Morocco, Algiers, Tunis and Tripoli) and Congress had attempted to pay tribute to the states to get them to stop. Britain and France recognized them as states already, so a declaration of war was appropriate and did not give them any additional prestige. The pirates were operating under the protection of the quasi-independent Barbary States (Morocco, Algiers, Tunis and Tripoli) and Congress had attempted to pay tribute to the states to get them to stop. Britain and France recognized them as states already, so a declaration of war was appropriate and did not give them any additional prestige.

]]> By: Administrator http://jaykersting.com/blog/2009/12/29/why-is-a-terrorist-an-enemy-combatant-in-a-civilian-jailcourt/comment-page-1/#comment-27 Administrator Tue, 29 Dec 2009 19:12:08 +0000 http://jaykersting.com/blog/?p=141#comment-27 Topher, Did declaring war on pirates give them recognition as a state? And if so, what is the problem? Boost in credibility amongst those who think the same as them would allow us all the more reason to solve the problem. I like things in black and white. It doesn't HAVE to be complicated, many choose to make it so. Topher,

Did declaring war on pirates give them recognition as a state? And if so, what is the problem? Boost in credibility amongst those who think the same as them would allow us all the more reason to solve the problem.

I like things in black and white. It doesn’t HAVE to be complicated, many choose to make it so.

]]> By: Topher http://jaykersting.com/blog/2009/12/29/why-is-a-terrorist-an-enemy-combatant-in-a-civilian-jailcourt/comment-page-1/#comment-24 Topher Tue, 29 Dec 2009 18:44:37 +0000 http://jaykersting.com/blog/?p=141#comment-24 It's not quite so simple. There's one huge difference between Al Qaeda terrorists and German spies: the latter was employed by a recognized nation-state. From a legal standpoint, Mr. Abdulmutallab is little different from a member of a street gang--he's just more ambitious and better funded. Declaring a state of war against Al Qaeda would give them de facto recognition as a state, since under international law war is only between states, giving them a huge boost in credibility. Now, what should have happened was a formal declaration of war against Afghanistan in 2001. Then, until the signing of a peace treaty, any entity, such as Al Qaeda, working on behalf of the former Afghan government could be treated as an unlawful combatant. But since we don't have that, Abdulmutallab is legally nothing more than a common thug. It’s not quite so simple. There’s one huge difference between Al Qaeda terrorists and German spies: the latter was employed by a recognized nation-state. From a legal standpoint, Mr. Abdulmutallab is little different from a member of a street gang–he’s just more ambitious and better funded.

Declaring a state of war against Al Qaeda would give them de facto recognition as a state, since under international law war is only between states, giving them a huge boost in credibility.

Now, what should have happened was a formal declaration of war against Afghanistan in 2001. Then, until the signing of a peace treaty, any entity, such as Al Qaeda, working on behalf of the former Afghan government could be treated as an unlawful combatant. But since we don’t have that, Abdulmutallab is legally nothing more than a common thug.

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