Yes! and both tactically and strategically ... Viet Nam was a war the US won tactcally but lost strategically...history, I think, is mostly likely to say the same thing about Iraq and Afghanistan.
Absolutely, but this is war and it is insurgency war, and the rule of law does not exist on the battle field. In fact, the purpose of the bad guys being there is to demonistrate that the rule of law does not exist. My opinion is that, in general, the laws of war is the only law that exists on the battlefield and any attempt to mix them is a failure to properly set the strategic tapistry for success of the war.
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