Dershowitz: Terrorism Requires New Rules

The goes beyond the use of civilians: the use of their neighborhoods and homes--and the use of the civilians themselves as human shield. New rules are need to take into account the civlians who incite and actively help, either physically or financially.

Dershowitz writes:

Civilian casualties also increase when terrorists operate from within civilian enclaves and hide behind human shields. This relatively new phenomenon undercuts the second basic premise of conventional warfare: Combatants can easily be distinguished from noncombatants. Has Zahra Maladan become a combatant by urging her son to blow himself up? Have the religious leaders who preach a culture of death lost their status as noncombatants? What about "civilians" who willingly allow themselves to be used as human shields? Or their homes as launching pads for terrorist rockets?

The traditional sharp distinction between soldiers in uniform and civilians in nonmilitary garb has given way to a continuum. At the more civilian end are babies and true noncombatants; at the more military end are the religious leaders who incite mass murder; in the middle are ordinary citizens who facilitate, finance or encourage terrorism. There are no hard and fast lines of demarcation, and mistakes are inevitable -- as the terrorists well understand.

We need new rules, strategies and tactics to deal effectively and fairly with these dangerous new realities. We cannot simply wait until the son of Zahra Maladan -- and the sons and daughters of hundreds of others like her -- decide to follow his mother's demand. We must stop them before they export their sick and dangerous culture of death to our shores.

But does anyone seriously think that the UN is up to the task?

Technorati Tag: Terrorism.