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cthulu2016

(10,960 posts)
6. I believe that is a military or executive determination but I'm always subject to factual correction
Tue Dec 27, 2011, 07:18 PM
Dec 2011

We have a "war" against non-state actors who are not a regular military, which makes this all very weird.

In a normal war you capture a uniformed soldier on the battlefield and send him to a POW camp. There is no judicial review of whether he is actually in the German military... it is a determination our military made.

When you apply that to anyone, anywhere in the world that the military determines is part of the enemy being rounded up as a POW then it becomes kind of scary, but you can see the underlying logic of it.

If it is a war then there's an enemy that can be captured and held until the war is over, and that is a military determination.

Sensible in a regular war. Scary in an inregular war with no nations and uniforms.

I posted something today about whether congress saying the laws of war apply to this conflict amounts to a retroactive formal old-fashioned declaration of war. I thought it an interesting question, but nobody else did. no replies.

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