Wes Clark and Kal Raustiala argue that the “unlawful combatant” status the Bush Administration has decided to assign to terrorists is better, legally, than the terrorists deserve, and that we should instead treat terrorists as criminals. I defer to others on the substantive merits of the issue; but you have to admire the sheer rhetorical jiu-jitsu embraced in the headline “Why Terrorists Aren’t Soldiers.”