Applying different standards to al Qaeda does not abandon Geneva, but only recognizes that the U.S. faces a stateless enemy never contemplated by the Conventions.

This is not to condone torture, which is still prohibited by the Torture Convention and federal criminal law.

Al Qaeda operates by launching surprise attacks on civilian targets with the goal of massive casualties. Our only means for preventing future attacks, which could use WMDs, is by acquiring information that allows for pre-emptive action.

The Justices are currently considering a case, argued last month, which seeks to extend the writ of habeas corpus to al Qaeda and Taliban detainees at Guantanamo.

It is important to recognize the differences between the war in Iraq and the war on terrorism. The treatment of those detained at Abu Ghraib is governed by the Geneva Conventions, which have been signed by both the U.S. and Iraq.

If the Court were to extend its reach to the base, judges could begin managing conditions of confinement, interrogation methods, and the use of information.

Under the Geneva Convention, for example, a POW is required only to provide name, rank, and serial number and cannot receive any benefits for cooperating.

It has never demonstrated any desire to provide humane treatment to captured Americans. If anything, the murders of Nicholas Berg and Daniel Pearl declare al Qaeda's intentions to kill even innocent civilian prisoners.

In light of the Abu Ghraib prison scandal, critics are arguing that abuses of Iraqi prisoners are being produced by a climate of disregard for the laws of war.

Human-rights advocates, for example, claim that the mistreatment of Iraqi prisoners is of a piece with President Bush's 2002 decision to deny al Qaeda and Taliban fighters the legal status of prisoners of war under the Geneva Conventions.

Applying different standards to al Qaeda does not abandon Geneva, but only recognizes that the U.S. faces a stateless enemy never contemplated by the Conventions.

President Bush and his commanders announced early in the conflict that the Conventions applied.

Without territory, it does not even have the resources to provide detention facilities for prisoners, even if it were interested in holding captured POWs.

The effort to blur the lines between Guantanamo and Abu Ghraib reflects a deep misunderstanding about the different legal regimes that apply to Iraq and the war against al Qaeda.

Once the attacks occur, as we learned on Sept. 11, it is too late. It makes little sense to deprive ourselves of an important, and legal, means to detect and prevent terrorist attacks while we are still in the middle of a fight to the death with al Qaeda.

Congress's definition of torture in those laws - the infliction of severe mental or physical pain - leaves room for interrogation methods that go beyond polite conversation.

It urges policy makers and the Supreme Court to make the mistake of curing what could prove to be an isolated problem by disarming the government of its principal weapon to stop future terrorist attacks.

While Taliban fighters had an initial claim to protection under the conventions, they lost POW status by failing to obey the standards of conduct for legal combatants: wearing uniforms, a responsible command structure, and obeying the laws of war.

American soldiers had to guard prisoners on the inside while receiving mortar and weapons fire from the outside. Guantanamo is distant from any battlefield, making it far more secure.

Punishing abuse in Iraq should not return the U.S. to Sept. 10, 2001, in the way it fights al Qaeda, while Osama bin Laden and his top lieutenants remain at large and continue to plan attacks.

That is because the conflict with al Qaeda is not governed by the Geneva Conventions, which applies only to international conflicts between states that have signed them.

It is also worth asking whether the strict limitations of Geneva make sense in a war against terrorists.

A decision by the Supreme Court to subject Guantanamo to judicial review would eliminate these advantages.

We can guess that the unacceptable conduct of the soldiers at Abu Ghraib resulted in part from the dangerous state of affairs on the ground in a theater of war.

Nonetheless, Article 5 makes clear that if an Iraqi civilian who is not a member of the armed forces, has engaged in attacks on Coalition forces, the Geneva Convention permits the use of more coercive interrogation approaches to prevent future attacks.

First Amendment speech and press rights may also be subordinated to the overriding need to wage war successfully.

Our military commanders have said over and over again that a timetable for withdrawal sends the wrong message to our troops, but more importantly to our enemy.

Every dictator is an enemy of freedom, an opponent of law.

Conformity is the jailer of freedom and the enemy of growth.

There are a lot of people out there who think that I am their worst enemy, and I don't even care if these people exist.

By this time it was past six, and the enemy's van and ours were at too great a distance to engage, I perceived some of their ships stretching to the northward; and I imagined they were going to form a new line.

To me our bombing policy appears to be suicidal. Not because it does not do vast damage to our enemy, it does; but because, simultaneously, it does vast damage to our peace aim, unless that aim is mutual economic and social annihilation.

Especially today as we fight the war on terror - against an enemy that represents hatred, extremism and stands behind no flag - we need to remember the sacrifices that have gone into protecting our flag.

No enemy is worse than bad advice.

The soldier's main enemy is not the opposing soldier, but his own commander.

This bored fantastic woman, with her animal nature, giving herself the pleasure of seeing her enemy struck down, not a particularly keen one for her because she is so weary of having all her desires satisfied.

Reason is the enemy of faith.

Politics is the enemy of the imagination.

If I liken the Pacific War to a football match, I can say to you that the first half is over, we have kicked off after the interval, and we are going to carry the ball into enemy territory for a smashing victory.

Wine is a turncoat; first a friend and then an enemy.

I say quite deliberately that the Christian religion, as organized in its Churches, has been and still is the principal enemy of moral progress in the world.

Hatred is not contained in political thinking. Any hatred worked up against the public enemy is non-political, and always shows some weakness in the internal political situation.

No battle plan survives contact with the enemy.

Self-pity is our worst enemy and if we yield to it, we can never do anything wise in this world.

I really didn't have any plans to record prior to doing My Own Best Enemy.

Whatever the number of a man's friends, there will be times in his life when he has one too few; but if he has only one enemy, he is lucky indeed if he has not one too many.

Resolve not to be poor: whatever you have, spend less. Poverty is a great enemy to human happiness; it certainly destroys liberty, and it makes some virtues impracticable, and others extremely difficult.

I have never made a friend from whom I could not separate, and I have never made an enemy that I could not approach.

Despise the enemy strategically, but take him seriously tactically.