This op-ed came out a couple of days ago, but I find the argument from Wesley Clark and Kal Raustiala that
terrorists are criminals, not soldiers and deserve to be treated as such has a great deal of merit. There was this fad, post-9/11, for deciding that treating terrorism as a "miltiary" rather than a "law enforcement" problem would constitute getting serious about it, but that's mostly proven to be a huge fiasco.
Now, of course, the "law enforcement" problem of Osama bin Laden ran into the snag that he was located in a country whose
de facto government was protecting him and encouraging his activities.
That -- Taliban control of Afghanistan -- was properly defined as a military issue, but it's been a huge mistake to take the view that,
in general, we're in a "war" with what amounts to an unusually bloodthirsty but only medium-sized criminal syndicate.
This article available online at:
http://www.theatlantic.com/politics/archive/2007/08/terrorists-are-criminals/45755/