AUMF = global war on terror.so called "belligerents"
here is a good redact:
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Holder observed, "We are at war with a stateless enemy, prone to shifting operations from country to country." Thus, the United States may strike at al-Qaida wherever it may be – even within the borders of another sovereign state. When possible, the United States seeks permission to launch drone strikes on foreign soil. Yet, Holder said, if a "nation is unable or unwilling to deal effectively with a threat to the United States," then an attack may proceed.
Of course, the
right to strike does not entail the right to ignore the impact of such attacks on civilians. Harold Koh, who spent about three and a half years as the State Department's legal adviser, explained that the U.S. observes the principles of distinction and proportionality. Distinction "requires that attacks be limited to military objectives," not civilian ones.
Proportionality prohibits attacks even on military targets if the impact on civilians would be "excessive in relation to the concrete and direct military advantage anticipated."
These are precisely the principles that al-Qaida and the Islamic State group deliberately violate in their efforts to sow terror through the maximal slaughter of civilians.
Two years ago,
Obama made a pledge regarding drone strikes that, "Before any strike is taken, there must be near-certainty that no civilians will be killed or injured – the highest standard we can set." Obama noted the extensive criticism of civilian casualties and admitted, "it is a hard fact that U.S. strikes have resulted in civilian casualties, a risk that exists in every war." Yet he asserted, "There's a wide gap between U.S. [government] assessments of such casualties and nongovernmental reports." The government does not release any of its statistics or evidence, however, thus conceding the high ground in public debates.
A Justified Tactic, Not a Viable Strategy
http://www.usnews.com/opinion/blogs...e-legally-justified-in-fight-against-al-Qaida
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my opinion on all this: we definitely are at war with "stateless actors".
Signature strikes ( where the identity of the combatant) is in doubt needs to stop. More then anything they create civilian deaths.
One big side effect about closing Gitmo - is there isn't a place for detainees anymore.
I never would have closed Gitmo -not without a replacement -doing so means we just drone them without even attempts at capture
