Officer Who Thinks ISIS War Is Illegal Heads Back To Court To Plead His Case

An interesting dilemma. We will have to reinvent the dictionary to resolve it. A state of war has traditionally meant conflict between nation states. ISIS is not a nation state in that it doesn't possess the territory it claims. It doesn't defend territory as much as it simply fights on territory legally belonging to others. Thus, I'm not sure "war" can be declared. Also, before any court can hear and rule on this case, you'll have a hard time showing jurisdiction. Now, if the officer were charged with a crime under the UCMJ for desertion (I suppose), he could appeal on the basis that a state of war doesn't exist and thus, commanders are not justified in ordering him to fight a war in Syria. Him bringing a case against the military or its civilian commanders is a legal quagmire. Given some of the insane decisions I've seen in recent years, I think I'll watch this one from a bemused countenance...

This is a strange circumstance. In the past, wars have been fought between nations, now the world is at war with an ideology. Not so sure how well the young captain will do in his court case, but it does open some serious questions that need to be considered if not answered.

This is one case that will either be thrown out for being frivilless, or be put somewhere in the dark corner to set until it's totally forgotten.