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Terrorists are not even warriors

Reader comment on item: "Terrorists Are Warriors, Not Criminals"
in response to reader comment: Why we should not use criminal jurisprudence for juding accused terrorists

Submitted by Clive Walters (Australia), Jul 24, 2014 at 17:47

Enemy soldiers are treated in a certain way in war because they are subjects of a state and are not at war on their own behalf. They are acting under orders. Terrorists are different; they are acting on their own for their own reasons. Military tribunals are the right forum for examining their conduct, but the tribunal also needs investigative powers and needs to be constructed as an inquisition, not a trial. The standard of proof also needs to be lower: balance of probabilities, rather than beyond reasonable doubt. Then they should be shot.

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