LET'S WAX philo-sophical. Should those who kill and maim in wars be prosecuted for murder or attempted murder? After all, they are killing or trying to kill other people.

The conventional answer, of course, would be: "Absolutely not! When war is declared, there is no penalty for killing or maiming in battle."

But what if people are engaged in an undeclared war? Remember that the Vietnam conflict was never a declared war. The fighting in Libya is not a declared war.

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