The legal difficulties of rendition, imprisonment and prosecution of high-value terrorists , killing them has become increasingly attractive, accoeding to experts.
"The international community doesn't accept the idea that individuals can be held without trial over a long period of time," says John Bellinger, who was legal adviser to the State Department under President Bush. "So it's unlikely that we'd be able to persuade other members of the international community, particularly those in Europe, to join in holding people for any significant period of time unless they were going to be tried."
"To be perfectly blunt, I don't think that they'll pick them up at all," says Ken Anderson of the Hoover Institution and American University's Washington College of Law, who has written about these issues. "I think that we've actually allowed the courts to arrange the incentives to kill rather than capture."
Many national security experts interviewed for this story agree that it has become so hard for the U.S. to detain people that in many instances, the U.S. government is killing them instead.
Last month, American forces staged a raid on a car in Somalia. The man inside the car was a suspected terrorist on the FBI's most wanted list. American troops did not seize him. Instead, helicopters fired on the car, and commandos retrieved his body.
Capture Or Kill? Lawyers Eye Options For Terrorists