Once again, Mr. Steyn hits it out of the park.
Ah, but you're not a Supreme Court justice. The reason why this was an ''armed conflict not of an international character'' is that al-Qaida is not a nation. So an article designed to cover internal local conflicts in signatory states within a convention designed to exclude unlawful combatants has been extended to cover non-signatory unlawful combatants in a global jihad taking place on every continent -- and, in effect, read into U.S. law. Congratulations! Why not throw in a complimentary gay marriage for Osama and Mullah Omar while you're at it? Justice Stevens and his pals have now upgraded every terrorist to the rank of field marshal...
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And, of course, al-Qaida never need to sign the Conventions now, do they? As the ultimate beneficiaries of the progressive mindset, they get all the benefits with none of the obligations. We're bound, they're not.
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The immediate consequence of this is that America's friends in India, Australia, Singapore, Denmark and elsewhere will conclude that this country is simply not serious and its descent into moral narcissism too advanced. The long-term consequence will be the opposite of what the justices intended -- the sidelining and eventual discarding of Geneva, at least by nations that wish to survive the depredations of the jihad.
Not to mention the fact that, under Geneva's Common Article 4, Al Qaeda combatants don't qualify. As I noted earlier, isn't it the case that both Art. 3 and Art. 4 need to apply to be in effect?
As always, please read the whole thing.
