Questions from Oceania

I’ve raised this example twice now. But, really, how is waterboarding a known detained terrorist like Khalid Sheik Mohammed (who confessed to cutting off Daniel Pearl’s head [with two knives after the first went dull], and to planning the 9/11 mass murder) at Guantanamo considered a war crime, while blowing up with a Predator drone suspected terrorists (and all those, including women and children, in their general vicinity) not?

The latter victims were not given habeas corpus, and Miranda rights, and there is a greater doubt about their guilt from 10,000 feet than is the case with the much studied psychopath KSM in Guantanamo. Most suspects would prefer to be water-boarded than vaporized? Ditto the Somali pirates, whose heads were blown off during their apparent attempts at negotiating extortion, again a bit more drastic than waterboarding. Would a future President Sanford or Giuliani be right to bring charges against those in the Obama administration who green lighted assassinations of suspected terrorists—something akin to the Phoenix program in Vietnam?