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    Here begins your journey into the mind of everybody's favorite asian, and I don't mean Jet Li.
What follows is the somewhat inane, mostly irrelevant, and self-important ramblings of a man on the brink of madness.
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Wednesday, July 26, 2006
 Liberal Law of War    [L]

Dafydd has an excellent post on The "Proportionality" Fallacy, and comes to a insightful conclusion:
To [liberals], all war is a criminal-justice program. Why should the war on jihadi terrorism be any different?

And because they think war in general is a punitive action designed to punish transgressors, they also believe:
  • It's wrong to punish countries disproportionately to their "crimes," such as killing more of their soldiers than they killed of yours... it's too much "tat" in the tit-for-tat equation;
  • It's wrong to "collectively punish" the people living in the enemy nation by, e.g., dropping bombs;
  • In fact, killing enemy combatants is wrong in general, because we're against capital punishment;
  • It's wrong to "punish" a country for the actions of a terrorist group within that country;
  • It's horrifically wrong to "punish" a country before it has actually committed the crime or even taken steps to commit the crime (pre-emption); that would be the same as putting someone in prison because you thought he might commit a crime in the future;
  • It's wrong to go to war without first holding a criminal investigation and finding the enemy country guilty beyond a reasonable doubt of the transgression;
  • Captured unlawful enemy combatants must be tried in civilian courts (presumably for "conspiracy") with all the protections afforded ordinary criminal defendants;
  • Captured unlawful enemy combatants may not be interrogated unless they have a lawyer present, and they cannot be interrogated at all if they "take the Fifth;"
  • Once combatants have "served their sentences," which must be "proportionate to the crime they committed," they must be released, even if there is a chance they will return to the front lines and "commit more crimes;" after all, they've paid their debt to society.
RTWT

h/t Wizbang!