"Violence is the last result of incompetence."
-- Ayn Rand.
Vince Flynn is currently examining the entire concept of torture and violence relative to terrorism in the 11 or so novels he`s written.
On the one side we have the classic "ends justify the means" argument. On the other is PatentAndTrademark`s "anything has a justification" argument.
My rebuttal to the "anything goes" proposition is that we do NOT have an infinitely variable set of conditions. We have an explicit set of conditions that aren`t changing.
Terrorism as an expression of religious fanaticism is explicit. It`s not in any way the same as bioethics, where we kill babies with defective hearts in order to save other babies with less drastic problems.
The hidden proposition, I think, is whether or not we should write into law a process based on "the needs of the many."
The reason we have the term "enemy combatant," and the Geneva Convention, as well as a definition of "war," is to avoid having to connect military actions in a single-case situation with the overall legal system.
When something is written into law, it applies across the board. If we legally allow torture based on supposed righteous ends, then anyone could apply that same law to local police stations. We`d be back to the rubber hoses and suspended habeus corpus situation.
However; when the issue applies to military actions and the defense of the nation, there`s no way to "justify" the same actions in a civil or criminal condition within the society itself.
Liberal activist groups, along with lawyers attempting to make a whole lot of money (in my opinion) are behind the successful attempt to "reduce" military terrorism to a civil and criminal activity. It assigns American Constitutional rights to non-citizens, just like the illegal immigration movement.
It also wipes out the entire reason for the Geneva Convention, elevates rogue bands of thugs to "nation" status, and introduces diplomacy into what`s essentially a theological crusade.