Question 1: Is Al Qaida a criminal organization or a paramilitary organization?
Question 2: Were the attacks of 9/11 a crime or an act of war?
Question 3: If an American associated with Al Qaida is caught planning a terrorist attack, what crime did he commit? (Ref: Article III, Sec 3, US Constitution)
The answers to these questions determine where KSM and Americans assisting Al Qaida should be tried. Obviously, there is disagreement over the answers to these questions, and name calling doesn't help settle the issue.
My view is that KSM is an unlawful enemy combatant which is not covered (nor defined) by the Geneva Conventions of 1949, which only cover acts of wars between states. Personally, I think he should be taken out and shot, like we used to do to saboteurs in WWII. Alas, that was before we signed the 1949 Geneva Conventions.
http://en.wikipedia.org/wiki/Unlawful_combatant
The problem is neither US nor international law have kept up with the times. All branches of government have been wrestling with this issue since 2001, and we're still wrestling with it. Until the Congress and the Administration can put together a salient law that the SCOTUS doesn't strike down, we're not going to make any headway.
Question 2: Were the attacks of 9/11 a crime or an act of war?
Question 3: If an American associated with Al Qaida is caught planning a terrorist attack, what crime did he commit? (Ref: Article III, Sec 3, US Constitution)
The answers to these questions determine where KSM and Americans assisting Al Qaida should be tried. Obviously, there is disagreement over the answers to these questions, and name calling doesn't help settle the issue.
My view is that KSM is an unlawful enemy combatant which is not covered (nor defined) by the Geneva Conventions of 1949, which only cover acts of wars between states. Personally, I think he should be taken out and shot, like we used to do to saboteurs in WWII. Alas, that was before we signed the 1949 Geneva Conventions.
http://en.wikipedia.org/wiki/Unlawful_combatant
The problem is neither US nor international law have kept up with the times. All branches of government have been wrestling with this issue since 2001, and we're still wrestling with it. Until the Congress and the Administration can put together a salient law that the SCOTUS doesn't strike down, we're not going to make any headway.