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MCG said:We are at war with the enemy, but there is very much that is criminal about some of the enemy's tactics. The Hague and Geneva conventions have achieved customary status (meaning even non-signatories are held to be governed by these international laws).
I think you'll have to dig deep to find a point where the Hague and Geneva conventions where applicable to a "4th Generation Foe" like Al Qaeda and the "Islamic Insurgency" (let alone a Middle Eastern state). We can say that it is customary, but seeing how most folks in that area of town haven't given it de jure (in writing) or de facto (in their actions) recognition means that us placing their actions within this Western construct of international law is a stretch.
Identifying individuals as war or humanitarian law criminals may do noting to win the war. However, holding the murderers accountable gives us a tool to ensure they are punished and locked away well after the war is over.
I think holding them accountable as murderers is only a facade. As I've consistenly argued, I believe these folks have declared war in an appropriate manner within their socio-legal system (Fatwas and Jihad) and that they target our civilians and our infrastructure because it is where we are vulnerable - just as we did when we levelled German and Japanese cities with thousand bomber raids. To me, labelling them criminal (and going after them in such a manner) is like labelling them cowardly; it does nothing but hype up the rhetoric.
To me, the biggest effort should be in undermining them to their own people. When we call them murderers and convict them of crimes, we only convince ourselves that we are right. But we won't truely be right until we are victorious and we have destroyed the will of the enemy to resist. We should put our energy and our policies in pointing out how these people are wrong within their cultural framework (re: Islam) as opposed to ours. Sounds like a Psyops job rather than a legal one (the latest piece by William Lind discusses this in detail - check it out here).
We did not pretend that the holocaust was legitimate because the Nazis executed it through a war, and we should not pretend the terrorists are employing legitimate means either.
Apples and oranges. The Nazi's persecuted their own people, while the Islamists have made frequent and clear pronouncments of their intentions to declare war upon the West and to attack us where they can. Was the 9/11 attack really a case of underhanded duplicity that nobody saw coming, or should it have been plainly freaking obvious that we would get hit considering that they did it in 1993 and didn't quite pull it off....
I'd have to do a little more investigating before I could answer this. However, just as a thinking point: Was the Soviet approach in Afghanistan similar to the Russian approach in Chechnya? (i.e.: very heavy handed & not much in the way of reconstruction) Could it be that Soviet failure in Afghanistan was a failure to win a â Å“hearts & mindsâ ? campaign? Could it be that Soviet failure in Afghanistan was a failure to establish institutions (esp security agencies) that would sustain themsleves? Could it be that Soviet failure in Afghanistan was because the Afghanis new that the Soviets had no intentions of returning that country to its own independant destiny?
As I've said, our intentions are much better than the Soviets, but I think relying on this might miss the point. Sure, Soviet brutality did drive many to the Mujihadeen, but they were doing it to drive "atheist invaders" out of their country. All the "big picture" things don't lead me to believe that our invasion could be seen as anything different than the Soviets, the British, the Indians, the Persians, or Alexander. 3,000 years of recorded history seems to point to these folks as being xenophobic and distrustful of other peoples (especially infidels like us) showing them how to live.
Who knows though - from my understanding, we've moved in upon Afghanistan at a time when it is more fractured than usual. The oddity of the Taliban rendered apart Afghanistan's historically strong religious and tribal framework, giving us an oppurtunity to exploit by getting in while the Afghans are simply worn out. Needless to say, I remain suspicious of the end-state of our efforts there....
I think you are over simplifying the meaning behind "terrorist ideology." It has room for â Å“Jihad against trasgression of dar al-Islam by infidels and apostates,â ? but it also includes identifying the west as responsible for certain hardships or alienation.
I was targetting "terrorist ideology" because I feel it puts them on the level of nutjobs like the Unibomber. I think that their ideology is far more grounded and complex than that.
The concept of "total war" was evolved describing states fighting states. Obviously, to apply it to our current enemy (which does not exist as a state) requires some literary license. Our enemy cannot mobilize the full resources of the state to draft armies and manufacture weapons. The enemy does not have the firepower to put us into a MAD nuclear battle. However, make no mistake, the enemy is putting every available resource into this war. The enemy does not consider the principal of proportionality when determining valid targets. The enemy is determined to not only destroy our ability to fight, but to destroy our society.
Agreed - some may not see destruction of our way of life as an immediate goal, but success tends to snowball into expectation, and it would be foolhardy to think that many groups within the "Insurgency" would stop at the immediate goals of getting us out of Dar al-Islam.