War Criminals, Lone Wolves, and Terrorists: Definitions and Implications

With the recent rash of shootings has come a renewed debate over the distinction between a terrorist and a lone wolf. (Clearly, both whites and non-whites can be terrorists.) With Islamic terrorism and the Israeli-Arab conflict always in the news, there is the debate as to what is terrorism and what is a war crime. These issues tend to bog down into polemics so there is a benefit to offering specific definitions for the sake of clarity. Imagine three criminals standing before you, an SS officer, an angry white man and a member of ISIS. All three of them have murdered a classroom full of children so there is no doubt that they are all very bad people, who deserve punishment. The question becomes how they may be treated. The SS officer and the white man, as a war criminal and a lone wolf, have rights while the ISIS terrorist does not.

The SS officer is in uniform and a member of the German armed forces. As such, though he is a war criminal, he is protected by the social contract your country has with Germany. We must accept that he has rights and cannot simply be tortured to death. There is a benefit to declaring him a war criminal in that the German government, by putting him in uniform, has placed its entire leadership and population as guarantors of his good conduct. Ultimately, they are the ones truly responsible for his conduct; the fact that he is the immediate cause of the crime is incidental. Think of the uniform as a loan contract in much the same way as a paper currency that can be called in. The government can disavow the soldier; at which point the uniform becomes null and void. This would render our war criminal an out-of-uniform combatant and thus a spy/saboteur. As such he has no rights and can be tortured or killed at will without trial. Alternatively, his government can choose to acknowledge the soldier, but this would force them to make some kind of restitution to the satisfaction of the victim's government (or social contract insurance agency). Failure to do so would allow the government to take to seek satisfaction in blood. This would allow for the bombardment of German civilian populations and, afterward, the execution of German political leaders.

The lone wolf shooter is not protected by any uniform but, even though he is a criminal, he is still a citizen with rights. His crime does not imply a larger rejection of the social contract so the social contract continues to protect him. As such, he must be given a trial. To be clear, what makes him a lone wolf and not a terrorist is the fact that he lacks any larger material and ideological support structure. This, admittedly, can make it difficult to tell the difference between a lone wolf and a terrorist. It is quite possible that the entire distinction may rest on the discovery of a pamphlet in the person's possession or a history of visiting a terrorist website.

This brings us to the terrorist. The most important thing about a terrorist is that he is an out-of-uniform combatant just like a spy/saboteur. This means that not only is it permissible to not grant him any rights, but it may also be necessary. Consider that the distinction between soldiers and civilians is crucial to the maintenance of civilized order even and especially in a time of war. This distinction requires that soldiers be easily identifiable with uniforms. Unless the penalties for violating that distinction are severe no country would ever bother to hold them.

Not only is the terrorist, by definition, guilty of endangering civilization by undermining the social contract, but the so-called human rights activist who attempts to grant the terrorist rights is also guilty as he has rendered the line between soldier and civilian meaningless. Thus, we must recognize an antinomian "true" human rights, which involves torturing the terrorist. The very act of torturing the terrorist, regardless of the information he might provide, is protecting civilians from harm. The belief in the principle that terrorists do not have rights is precisely what is giving civilians rights. The person who objects to this is himself the real violator of human rights and it is as if he personally tortured innocent people. (To be clear, what is necessary is the belief in the moral rightness of torturing terrorists, which likely requires the occasional literal fulfillment. This acceptance allows for demonstrations of mercy in individual cases. Just because the Law is righteous does not mean it is always right to fulfill the Law.)

As you recall, the distinction between a terrorist and a lone wolf killer is the existence of a material and ideological support system. What differentiates the terrorist from a war criminal is that the terrorist's support structure is not one with which we have any kind of implied social contract relationship. We need to respect the rights of the war criminal in order to demonstrate that we were true to the social contract and justify placing his country's leadership and people outside of it. By contrast, we never had any kind of social contract with the terrorist organization. Furthermore, terrorist organizations, while they may possess a leadership and funders, lack a clearly identified civilian population to pay the price for their crimes. For example, while it was morally permissible to bomb German cities for Nazi war crimes, bombing Afghani cities in retaliation for Al-Qaeda terrorist crimes would have been far more problematic. Since there are no civilians to pay for terrorist crimes, we are justified in pursuing the leadership in a more aggressive fashion. Since terrorist leaders may prove more elusive than war criminal political leaders, this leaves the captured terrorist to pay the full weight of the crime. This is despite the fact that ultimately his role was only incidental as compared to the terrorist leaders who planned the action and provided the physical and ideological support to make it possible.

A large part of the debate over who counts as a terrorist revolves around the implied assumption of a support structure. For example, if you already accept the existence of an entity called "radical Islam" or that Islam is an inherently violent religion then you will be inclined to see any violent Muslim as a terrorist. On the other hand, if you believe that complaints about Islamic extremism are simply cover for "Islamophobia" then you will dismiss any charge of terrorism. Similarly, in regards to white supremacists, if you believe that there really is something racist underlying white American culture then you are going to be more likely to see someone like Dylann Roof, who massacred a black church bible study group in Charleston, as a terrorist instead of simply as a misguided and disturbed young man.

Keep in mind that the distinction between a lone wolf and a terrorist lies completely within the realm of intention; was the crime committed as part of a larger conspiracy by a non-social contract organization to pursue their political goals. It is not just the individual terrorist that we need to make assumptions about but a wider network of people to the point of even calling them a group. Therefore, as none of us can read minds, we can never prove whether someone is one or the other; it is simply a judgment call. This has become even more so in recent years as the line between the terrorist support structure and its perpetrators has become more tenuous. For example, the 9/11 hijackers received direct material support from Al-Qaeda so it is very difficult to pretend that they were just some guys who decided on their own to crash planes into buildings. Contrast this with ISIS terrorists where ISIS merely has to operate a website and angry Muslims draw inspiration to engage in ramming and knifing attacks. It is hard to say that someone who happens to read an ISIS website before committing murder is an ISIS terrorist.

The consequences of who gets the terrorist label are literally a matter of life and death and demand caution. If Islamic terrorism exists. than someone operating a pro-ISIS website calling for jihad is a terrorist and can be shot on sight without the benefit of a trial. (As per the Julius Streicher principle, such speech is not really speech but a conspiracy to commit murder.) If we are wrong, then we have a martyr for free speech on our hands. Before you give the go-ahead to kill radical Islamic bloggers consider that, by the same logic, we should probably recognize that white supremacists exist as a movement and not just disturbed individuals, then the government should have responded to the Charleston shooting by going door to door and executing white supremacist bloggers and radio show hosts, particularly those that directly influenced Roof.

While we can never prove anything in any particular case, we can demand intellectual consistency. If you are quick to condemn Islamic terrorism but bend over backward to deny that there can be white supremacist terrorists there is a problem. Similarly, if you refrain from using the terrorist label unless they are white men, you are not being hones either.