I'm not going to get into a legal argument with you about the legal and policy views of Dame Eliza Manningham-Buller. As to her, I had more than my fill following the Binyam Mohamed proceedings in the US and UK courts. They BTW reached strikingly different results. For those interested, do an Advanced Google Search on "Eliza Manningham-Buller" "binyam mohamed" - with about 15,500 results. BLUF: I disagree with her basic premises; and thus, her conclusions.

As to legal arguments, I've had my fill of making them. They simply tend to go around in circles - unless you are making them for an actual decision maker, who can cut them short and decide which one wins. So, IMO, legal arguments here are generally a waste of valuable time that could be spent (by me, at least) on much better things.

That being said, I've never seen the value (from policy and political standpoints) of relying solely on the criminal law, or solely on military force, to deal with such as AQ and their minions. In short, I see nothing wrong with "declaring war" (an AUMF) on a group of violent non-state actors. That, BTW, is really a political decision - not a legal decision. "Declaring war" on a tactic (terrorism) is an obvious misuse of language.

Why tie one hand behind your back (whether that one hand be the criminal law or military force) in confronting these knuckleheads ?

Regards