As I see it, the problem is not how terrorists will treat our troops in response to this proposed program (they do not respect law and that won't change), but how our actions are perceived in the world community. Speeches regarding our fight for democracy and the rule of law ring hollow in the face of legislation designed to strip away fundamental legal rights. Rightly or wrongly, it has been determined that captured terrorists will be tried criminally for their actions. If we are going to do this, it should be done the right way. Our society does not tolerate a kaflaesque trial wherein the accused is merely permitted to show up. If we are to champion the rule of law and advertise our desire to bring it to Iraq and other such places, we must not disregard its tenets simply because it suits our immediate needs. This serves only to weaken our position and support in the world community.

Part of the issue with GWOT is world support. Many countries do not see the legal justification for the war in Iraq and the Bush administration has not adequately confronted this issue. Similarly, the Bush administration often attempts to redefine or invent law to fit particular situations (tribunals, etc.). This has caused a number of countries (and our own citizens) to doubt our sincerity when we profess to come from the side of law and righteousness. The problem with this is that it has a negative effect on our chief center of gravity.

Since at least Vietnam, our enemies have recognized that to beat us, they need to influence US public opinion. This is done a number of ways, from body counts, to spent treasure, to a feeling that we cannot win, to convincing the public that we are on the wrong side both morally and legally. All of these things contribute to what I call the attrition point, i.e. the point at which US public opinion determines that the costs are no longer worth the benefits conferred. By seeking to circumvent law (or create such a perception), we merely step closer to the attrition point.

Yes, it is rather difficult to obey the rule of law when the enemy does not. However, if we are truly in a war of ideology we cannot afford to foresake more than 200 years of being a nation of laws to defeat the current enemy. We must wear the white hat not because others say we should but because it is who we are.