Once the attacks occur as we learned on Sept. 11 it is too late. It makes little sense to deprive ourselves of an important and legal means to detect and prevent terrorist attacks while we are still in the middle of a fight to the death with al Qaeda.
While Taliban fighters had an initial claim to protection under the conventions they lost POW status by failing to obey the standards of conduct for legal combatants: wearing uniforms a responsible command structure and obeying the laws of war.
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Everywhere among the English-speaking race criminal justice was rude and punishments were barbarous but the tendency was to do away with special privileges and legal exemptions.