sunnyside wrote:For the same reason it isn't quite right to consider a soldier in a traditional war a simple criminal. Not the least of which is the obvious likelyhood that they'd resume their attacks.
I've already pointed out the difference between a war and what's going on in Iraq and Aghanistan. A soldier should not be considered a criminal unless he comits criminal acts unconnected to his status as a soldier, or he violates the laws of war. The Iraqi militias, AQI, the Taliban, etc, are not soldiers, and are therefore criminals - there's no half-way option.
First of all it's a little fuzzy under the Geneva conventions if we'd be allowed to punish them accordingly. I.e. to execute any captured combatatant that commited "murder" in regards to a soldier. Doubly so since we could probably level charges of "espionage" or "treason" against them and just have some mass lethal injections.
Why not? The Geneva conventions do not apply to criminals - they're subject to the normal law of the land.
If we don't charge them with executable offenses the sentences start getting short fast. Meaning we'd be releasing the guys makin the IEDs and such long before the insurgency is over. Which I really think should be obviously stupid. I honestly can't see how you don't understand this to be a bad idea.
What I realise is a bad idea, and you apparently don't, is to base sentences on how long a particular oganisation's activities are going to go on for (and to arbitrarilly extend them), instead of basing them on the actual crime commited, is to effectively say "we respect the rule of law, except when it gets in our way". This exact scenario arose in Northern Ireland. In the early 70s internment without trial was used for the exact reason you propose it in Iraq - to keep bombers off the streets until the IRA was defeated. It was a mistake - and the best recruiting tool the IRA had by a long way. Internment was then dropped, and replaced by the criminal justice system, in which terrorists were arrested, convicted, and once their sentences were up, released. Yes, those released often went on to commit more crimes, and kill more people - they were arrested again, charged again, and the whole process started anew. There was a cost in lives, but it made a clear distinction between who was respecting the rule of law and who was not, and helped in the long term to bring the violence to an end.