This article presents a controversial hypothetical approach to a side of the polemic regarding extraordinary rendition. War is not always controlled by rules, fairness, or ethics. The United States would prefer the foregoing if forced to go to war, but the enemy may not follow the same approach. As a result, the United States becomes hampered by unilaterally self-imposed rules and standards. Conceivably, we could fail to achieve our military objective because of the enemy's adherence to a very different approach and beliefs regarding warfare. Were we to have the privilege of fighting under relatively similar rules with the other side, the polemic on extraordinary rendition might not be an issue.
John C. Duncan, Jr., A Hypothetical Postulate for the Polemic of Extraordinary Rendition Vis-a-Vis the Paradigm of Asymmetric Warfare, 27 Conn. J. Int'l L. 77 (2011)