The legal consequences won't matter; it's the practical consequences.
Let's say Al Queda hijacks a cruise ship. Puts all the passengers in compartments below the waterline, and says, "We'll blow 20 holes in the hull, if any aircraft, ships, or submarines gets within 5 miles of us. We define all our prisoners as "illegal combatants", and we're going to hold trials for them, exactly like you are in Guantanamo. Military tribunals, conviction by evidence the prisoner isn't allowed to see, defense attorneys appointed by us, possible death sentences. Sentences to be carried out daily, until you release our POWs in Guantanamo."
If Al Queda did this, most of the world would say, "Nasty stuff Al Queda is doing, but the Yanks deserve it, for throwing the Geneva Conventions out the window."
This would be very similar to what the early Zionists did to the British during the Palestine Mandate. The Brits caught Zionist terrorists, and hanged them. The Zionists hanged an equal number of captured British officers. The Brits sentenced Zionist prisoners to be caned. The Zionists threatened to respond in kind. The Brits stopped hanging and caning Zionists.
Power never takes a back step - only in the face of more power.
Malcolm X (1925 - 1965) |
