Labeling terrorists as combatants leads to this paradox: while the deliberate killing of civilians is never permitted in war, it is legal to target a military installation or asset. The attack by Al Qaeda on the destroyer Cole in Yemen would be allowed, so too attacks on command and control centers like the Pentagon. For all these reasons, the more appropriate designation for terrorists is not “unlawful combatant” but criminal.

The second problem is that it endangers our political traditions and our commitment to liberty, and further damages America’s legitimacy in the eyes of others. 50 years ago, at the height of the cold war, the Supreme Court reaffirmed the “deeply rooted and ancient opposition in this country to the extension of military control over civilians.”

We need to recognize that terrorists, while dangerous, are more like modern-day pirates than warriors. They ought to be pursued, tried and convicted in the courts. At the extreme, yes, military force may be requir