US War Theories Target Dissenters

Exclusive: In the Orwellian world of Official Washington, the U.S. government is now wedded to the theory of “information warfare,” meaning that Americans who challenge national security policy may be treated as “unprivileged belligerents” under the new Law of War doctrine, retired JAG Major Todd E. Pierce writes.

By Todd E. Pierce

When the U.S. Department of Defense published a new Law of War Manual (LOW) this past summer, editorialists at the New York Times sat up and took notice. Their concern was that the manual stated that journalists could be deemed “unprivileged belligerents.” The editorial explained that as a legal term “that applies to fighters that are afforded fewer protections than the declared combatants in a war.” In fact, it is far more insidious than that innocuous description.

Here is the manual’s definition: “‘Unlawful combatants’ or ‘unprivileged belligerents’ are persons who, by engaging in hostilities, have incurred one or more of the corresponding liabilities of combatant status (e.g., being made the object of attack and subject to detention), but who are not entitled to any of the distinct privileges of combatant status (e.g., combatant immunity and POW status).”