Kill or Capture?

I don’t believe alien enemies have constitutional rights. They have whatever rights our political branches choose to give them, subject to our ability as a free people to demand that our elected officials give them less or more. We can trust ourselves to regulate that matter — we don’t need courts to do it.

But even if one concedes, for argument’s sake, that our alien enemies have some fundamental rights, war takes us very high up the scale of rights that combatants may be deprived of without judicial interference. If you may kill them, you have to be able freely to take the less drastic measures of capture, detention, and interrogation. You have to be able to do those things with as little judicial intrusion as is involved in killing. Otherwise, in the name of human rights, you have ensured that everyone will be killed.

via Kill or Capture? – Andrew C. McCarthy – National Review Online.


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