Predictably, the prominent, senatorial Republican right is already calling for Dzhokhar Tsarnaev to be subject to the laws of war, e.g. absence of civil rights, as an enemy combatant a term simply made up by a previous Republican administration. Countries can (capital W) War against other nation states with established governments, and enemy troops captured are instead governed by the Geneva Convention rules, to be repatriated when the conflict has ended. We cannot War against religions, extremist sects, drugs or individuals. Sorry senators, this is still America, and Tsarnaev is an American citizen. He is protected by Miranda and right to counsel as he is (hopefully) speedily brought before a Boston (or federal) civilian criminal court on a charge of first-degree murder.