Posted by
Grampus on Friday, April 20, 2007 4:52:12
(CNSNews.com)
- Democracies can respond more effectively to terrorism by embracing
preventive military models rather than reactive criminal justice
models, American and Israeli legal experts said Thursday.
With terrorists targeting the United States and Israel and using
instruments of war, policy makers must recognize the flaws and
limitations of a conventional law enforcement approach, the experts
said.
Addressing a seminar in Washington, D.C., former U.S.
assistant attorney Andrew McBride discussed the campaign against
terrorism from a U.S. perspective. Col. Daniel Reisner, an Israeli
Defense Forces (IDF) legal advisor, discussed recent changes in his
government's policies.
The two were participating in a panel examining whether in the fight against terror, law is an asset or a liability.
McBride argued that the Bill of Rights and U.S. Constitution are
designed to protect American citizens and permanent residents, not
foreign nationals. Only those who "pledge allegiance to the body
politic" are entitled to receive these special protections - not
foreign enemies, he said.
No,
no, no, no! Blame the country the sponge-brained liberal media types
who hear this and go, "Oh... Oh! Oo oh!" We're destroying poor peoples
of color in Iraq and in the war on terror -- and we're "creating
enemies" with our actions in the Middle East, when everybody with half
a brain understands that we were attacked on 9/11, and for 25 years
prior, without doing diddly-squat about it -- and we weren't attacked
for anything that we've done to these people. We're attacked because
this is an ideological battle.
Some people have trouble accepting it because they don't think it's
possible. Militant Islamofascism, is an ideology, and they're very
blunt and open, they tell us what their plans are. Wipe us out!
"Ah, come on! These guys? They're going to wipe us out?"
While it is appropriate for the courts to intervene where the rights of
citizens are concerned, it is not appropriate that they interfere with
the executive branch's pursuit of foreign enemies, McBride added.
Applying the criminal justice model to the "armed conflict with al
Qaeda" is not a workable solution, because it would provide terrorists
with too many advantages and opportunities, he said.
McBride
said the Bush administration made the right call in declaring
terrorists as enemy combatants. He rejected the argument that U.S.
constitutional protections should apply once a foreign terrorist is on
American soil.
"That's like saying the closer they get to the target, the more rights they have," McBride said.
I
lay this type of warped thinking at the feet of the Democrat Party in
this country and the Drive-By Media and the entire American left.
Well, anybody around the world who also hates us is going to find great comfort and courage in speaking out the same way.
The Democrats and MSM want us to lose, They want this country
humiliated. They want our military made a mockery of. They are
inspiring it, and they are rewarding it, by validating the authenticity
and the legitimacy of a bunch of insane lunatics. They are
Anti-American to the core. Hating the current president more than they hate our enemies?
For his part, Reisner commented on the legal challenges associated with
dramatic shifts in Israel's military and law enforcement polices.
Three factors were responsible for altering Israel's approach to
terrorism in recent years: the enemy's use of military technology and
tactics, the scope of the attacks, and the scope of the causalities, he
said.
Israel moved away from treating acts of terror inside
Israel as a police matter, adopting a model that allows for a strong
military response. This shift began in 2000 - when the second
Palestinian violent uprising (intifada) was launched - and has
accelerated since then, Reisner said.
The law did not
accommodate the idea of a war between a nation-state and non-state
actors, he explained. For this reason, it became necessary to set legal
precedents.
This
is an excellent point, the terrorists operate outside the realm of law
and in doing so, forfeit any right to its protections. The liberal
left would have us believe that this is not the case. However, this
point is why I believe that all-out military force should be used
against them…even to the point of destroying their Mosques that are
used by their theocratic leaders to propagate terrorism.
For the first time, the Israeli military was permitted to use its
arsenal directly against terrorists and designate terrorist leaders as
enemy combatants.
The Clinton administration did not approve
of the approach, Reisner noted. Former Sen. George Mitchell traveled to
Israel at the president's behest and after reviewing the situation
advised the Israeli government to return to a law enforcement approach,
he recalled.
Why am I not surprised ?
Grampus