Comment: It isn't a new system.

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wolfe's picture

It isn't a new system.

It was built into our constitution, and it exists because foreign actors who commit acts of war, outside the jurisdiction of a state are not subject to our laws, and in fact not necessarily subject to that of another state if that state secretly condones the activity.

Capturing enemies that have declared war on us, who we cannot declare war on because they do not represent a state cannot easily be brought to justice.

A Letter of Reprisal is effectively declaring war on an individual. They are put on notice and if they wish to end this state of war on them, they could enter into normal diplomatic channels.
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The Philosophy Of Liberty -
http://www.isil.org/resources/introduction.swf

The Philosophy Of Liberty -
http://www.thephilosophyofliberty.com/