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ondelette

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Monday, November 2, 2009 03:27 PM

@rrheard

I know you understand the concept of "causation". So are you suggesting that because Afghanistan wasn't in a state of war by international legal definition prior to America being "invited" in, and because it isn't in one now and presumably not being legally occupied by America, that should America leave militarily any "civil war" that arises absent our presence, is the fault of the "peace advocates"?

In alternate forms: x wasn't at war, x isn't in a state of war now nor being occupied by legal definition, but if x is legally defined as being at war subsequent to our departure, then it's the fault of the non-interventionists? (it wasn't broken before, but we intereveneed and did break it but not illegally, it is broken now but not illegally, but if we leave and it breaks, it's the non-intervention peace advocates who illegally broke it).

That's the zaniest argument I've ever seen you utter and one that makes zero logical or legal sense.

You're right. Absolutely bonkers. But since I never argued it, you'll have to claim it as an artifact of your own neural tangle. Here's a clue. The time when Afghanistan wasn't at war was in 2002-3 by some measures, 2002-2005 by others. It absolutely was at war before October 17, 2001, when the U.S. entered. And it's at war now. Now can you figure it out?

And for extra credit: If a genuine combatant were taken prisoner in 2001, and held past 2002, does that prisoner have habeas corpus rights? You see, people who blur all distinctions, don't really gather any facts, and sit around yammering about being at war in Afghanistan for 8+ years implicitly believe the prisoner doesn't. It's called 'duration of conflict'. It's the whole reason I started my study. You're a lawyer, figure it out. By blurring nuances, you're condemning people to prison. Is that a crime of omission or commission, or does it depend on how brutal the prison is?

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