Tuesday, June 27, 2006

Give Em The Dead Bodies

David Bernstein over at Volokh argues that Israel should execute terrorist murderers if any harm comes to Shalit. This is a proposal I've been thinking about ever since the Iraq situation began and terrorists started beheading civilians when their demands weren't met.

Ignoring the legal problems, what is wrong with Israel executing these terrorists? In a pure domestic, criminal legal system, ex post facto applications of punishments is probably immoral, since the criminal did not know of the punishment when he commited the crime. But in the case of war (and let me remind you that Israel is at war), what is wrong with executing illegal combatants when their compatriots are responsible for executing one of your own? What could possibly be a greater deterrent than killing whomever the terrorists demand in exchange for the kidnapped soldier?

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