I just asked Stephen Carter a question--and I'm going to ask the Aspen Institute for the video of his answer. The question is one that I've been worrying at for a while: what do you do with captives of an entity that considers itself at war with you, but when there is no state to declare an end to the conflict?
His answer is too rich to do justice, which is why I want the video, but a couple of points:
1) Captives who fight out of uniform are not covered under Geneva. This presumably includes the prisoners at Guantanamo. Nonetheless, he says, we should treat them as if they were.
2) Geneva, and more broadly just war theory, is meant to deal with states. This is a gigantic problem with quasi-military terrorism.
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