3 ms·
> Wikileaks isn't a terrorist organization, and why the principal members aren't enemy combatants. Well, they aren't operating with the intent to cause terror
by pnathan 16y ago
> Wikileaks isn't a terrorist organization, and why the principal members aren't enemy combatants.
Well, they aren't operating with the intent to cause terror in enemy civilians. Further, an enemy combatant is usually considered to be someone armed on the field of combat. I believe there is a very technical legal definition of an enemy combatant.
They - Wikileaks - are pursuing anti-US goals, however. That is not illegal. It should be expected, however, that the US will retaliate in various fashions, because the interests of the US dictate that anti-US interests be diminished.
I am not certain in the least of the facts of Jacob Appelbaum's case.
Certainly, if he was definitively operating against the US government in a terrorist fashion, he would deny it. But if he was an honest man, he would also deny that he was operating against the US government.
After spending an amount of my time in the last few months reading about the USSR's beginnings and the fall of the Tsar, I can assure him that he is living in a very nice country where dissidents don't simply get shot out without a trial. Being stuck in a holding cell is quite gentle comparatively. Which does not make it perfectly upright either, nontheless.
There is a higher problem here. The conventions of warfare since 1812 or so describe nation-states at war with each other, including how to deal with prisoners and manage trials. However, today we do not have significant nation-state actors in active war with each other, we have un-uniformed[1] militias operating against nation-states. I do not know of any serious attempt in international circles to define the non-nation-state actors in legal categories. This has led to the Guantanemo Bay problem. A terrorist is neither a civilian nor a military officer, but current law - to the best of my knowledge - does not handle that.
Nor does current law - to the best of my knowledge - handle the 'info-war' legal categories well. What are the legal details on publishing sensitive or classified material in time of peace, if you are not constrained to silence by your duties? I don't know that that's ever been seriously treated in the US.
So how should the laws of a country handle someone who appears to be acting as the ambassador for an anti-country interest? That's the real question.
[1] At least in the narrow eyes of the law, uniforms matter, according to a former US Army officer I know.
- po 16y agoWhat are the legal details on publishing sensitive or classified material in time of peace, if you are not constrained to silence by your duties? I don't know that that's ever been seriously treated in the US. Treason? Applies to citizens acting against their own sovereign nation. I don't know what you call it from a non-citizen. Perhaps sedition?
- pnathan 16y agoWell, Merriam Webster defines sedition as "incitement of resistance to or insurrection against lawful authority"[1]. Treason also has a fairly narrow meaning, "the offense of attempting by overt acts to overthrow the government of the state to which the offender owes allegiance or to kill or personally injure the sovereign or the sovereign's family"[2]. I don't believe Wikileaks' actions falls under sedition or treason. Certainly I've never heard them of them advocating insurrections or US government overthrow. What they did do is publish large amounts of data classified by the US. Legally, that should be a crime, I believe. I'm not sure it is. From my brief (and IANAL) reading on the question, it's never been adequately addressed, and it brings up massive First Amendment issues. There is also the question of Assange, who is not a US citizen, and therefore not per se subject to US law, and then Applebaum, who is a US citizen, and therefore unquestionably subject to US law. Even under harsher strictures is Manning (and other soldiers), who are under military US law, which is not like civilian law. The laws have to deal with the "electronic frontier". They must, or we will continually mire ourselves in grey areas of general suspiciousness. [1] http://www.merriam-webster.com/dictionary/sedition?show=0&t=1302532235 http://www.merriam-webster.com/dictionary/sedition?show=0... [2] http://www.merriam-webster.com/dictionary/treason http://www.merriam-webster.com/dictionary/treason