David Hicks and his fellow detainees were captured in an active combat theatre while fighting for a movement that violates every tenet of international law. No clause of the Geneva Conventions requires the application of that treaty's terms to irregular jihadists who see the beheading of hostages as a legitimate battle tactic. We must be tough on the war criminals of today in order to dissuade the war criminals of tomorrow. Only thus do we stand any chance of deterring the next Beslan massacre, London train bombing or 9-11.
And to this end we must retain a powerful weapon in our deterrent arsenal: the promise that those who fight as illegal combatants will wind up in Guantanamo rather than enjoying prisoner-of-war commissary privileges.
If the prospect of being tried before a military commission disheartens even a single potential Al-Qaida recruit, then the Bush administration's policy is well justified.
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The Islamic fanaticism of Hamas and Al-Qaida provides us with only two possible alternatives: the jihadists will be either at our feet or at our throats. We would be well advised to ensure that the former option prevails rather than the latter.
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About the Author
Ted Lapkin is associate editor of The Review, a monthly journal of analysis and opinion put out by the Australia/Israel and Jewish Affairs Council, AIJAC.