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Tuesday, September 19, 2006
Thomas Sowell :: Townhall.com Columnist
Suicidal hand-wringing
by Thomas Sowell
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When you enter a boxing ring, you agree to abide by the rules of boxing. But when you are attacked from behind in a dark alley, you would be a fool to abide by the Marquis of Queensbury rules. If you do, you can end up being a dead fool.

Even with a nuclear Iran looming on the horizon and the prospect that its nuclear weapons will end up in the hands of international terrorists that it has been sponsoring for years, many in the media and in the government that is supposed to protect us have been preoccupied with whether we are being nice enough to the terrorists in our custody.

The issue has been brought to a head by the efforts of Senators John McCain, John Warner, and Lindsey Graham to get us to apply the rules of the Geneva convention to cutthroats who respect no Geneva convention and are not covered by the Geneva convention.

If this was just a case of a handful of headstrong senators, who want us to play by the Marquis of Queensbury rules while we are being kicked in the groin and slashed with knives, that would be bad enough. But the issue of applying the Geneva convention to people who were never covered by the Geneva convention originated in the Supreme Court of the United States.

Article III, Section II of the Constitution gives Congress the power to limit the jurisdiction of federal courts, and Congress has specifically taken away the jurisdiction of the courts in cases involving the detention of illegal combatants, such as terrorists, who are not -- repeat, not -- prisoners of war covered by the Geneva convention.

The Supreme Court ignored that law. Apparently everyone must obey the law except judges. Congress has the power to impeach judges, including Supreme Court justices, but apparently not the guts. Runaway judges are not going to stop until they get stopped.

In short, the clash between Senator McCain, et al., and the President of the United States is more than just another political clash. It is part of a far more general, and ultimately suicidal, confusion and hand-wringing in the face of mortal dangers.

The argument is made that we must respect the Geneva convention because, otherwise, our own soldiers will be at risk of mistreatment when they become prisoners of war.

Does any sane adult believe that the cutthroats we are dealing with will respect the Geneva convention? Or that our extension of Geneva convention rights to them will be seen as anything other than another sign of weakness and confusion that will encourage them in their terrorism? Continued...

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About The Author
Thomas Sowell is a senior fellow at the Hoover Institute and author of The Housing Boom and Bust.
 
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How far do we go?
I know that I’m rather late to the party on this but I have been overwhelmed with other things lately.

While I normally agree totally with Dr Sowell I have some “concerns” about this article and some of the posts that I read. I think most of my “concerns” fall under the heading of limits. When you find yourself in a knife fight I agree that you need to knife fight but what about when the other guy is down? Do you go ahead and kick him until he is senseless or dead? Do you hunt down his children and kill them before they become a threat to you?

By all means take his knife away from him and if the fight is still going on keep fighting. My question goes more toward once that fight is over. In other words what to do with the “detainees”. Frankly I don’t know. Like others have said this is not a “normal” war and it will never be over in a normal sense so the Geneva conventions don’t seem to apply. Does that justify holding a person indefinitely without benefit of trial? Isn’t that what totalitarian governments do to the people who it doesn’t like? Is that what we are going to become?

Any one who committed a crime in the US is subject to US law; but I don’t think that covers many if any of the “detainees” either. So what rules cover these people? No matter how much they hate us they are still people, made in God’s image, with certain inalienable rights. Or does that just apply to Americans?

What does Dr Sowell mean by “all-out in self-defense”? To me the term “all-out” includes “no holds barred” and “any thing goes”. The United States has a large nuclear arsenal. Is Dr Sowell or anyone for that matter seriously suggesting that we turn North Korea or Iran into a nuclear wasteland with a preemptive nuclear first strike? If not where do we draw the line and why?

I agree that “No amount of security precautions can protect us from all the thousands of ways in which terrorists can strike at times and places of their own choosing”. So let’s start talking good old fashioned self defense. We need a creditable defense. All our weapons are offensive which might have worked in a world of deterrence by Mutually Assured Destruction (MAD) but MAD assumes that the other person wants to live more than he wants you dead. This is no longer the case. So we have a choice we can strike first and become the terrorists we loath or we can equip and learn to defend ourselves from the first strike while maintaining our ability to totally destroy our attacker. Being able to destroy our attacker is not enough by itself we must also have the will to do so. Right now no one actually believes we will retaliate so we will be attacked and we will need to retaliate. The process will repeat itself several times. Men, woman, and children will die but if we do nothing men, woman, and children will die.

Geneva Convention rights for terrorists
McCain, Graham and Warner are fools for wanting to give special care and protection to the terrorists wanting to kill and behead us. It makes absolutely zero sense to offer these protections to terrorists that don't follow any rules.
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