As you know, the analogy is a lousy and tendentious one: Emmanuel Constant is not planning further large-scale atrocities. He is not being provided with weapons and ammunition by the U.S. government. He is not being provided with land and buildings for training camps. The primary interest of the United States is in preventing further atrocities by the insane fucks of Al-Qaeda; bringing the perpetrators of 9/11 and their accomplices to book is only a secondary interest. Thus--as you know--the offense committed by the U.S. in retaining Emmanuel Constant is at least an order of magnitude less than the offense committed by the Taliban. And the case for a "just war" to correct the offense is at least an order of magnitude weaker.
Nevertheless, the answer is "yes": the U.S. has an obligation under international law to hand him over; a Haitian war against the U.S. in response to the U.S. failure to live up to its obligations would be "just", according to standard just-war theory.
>That's totally contrary to anything I have ever thought of as just
>war theory. A causus belli is first of all an affirmative act, not
>an omission. Omissions may be culpable, but they are not acts of
>war, which is what a causus belli requyires, an act. Besides, you
>can't even say the T regime had any special relation or
>responsibility to the US, which refused to recognize it, put it
>under sanctions, and generally treated it like an enemy.
>
>jks
And where were you on 9/11? If that is not an "affirmative act," I don't know what is.
Brad DeLong
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