It gets even more complicated when the enemy is not a conventional army, which can be identified, but instead is a terrorist group that refuses to identify itself, and hides among non-combatants. Can you abide by JWD and still win?
I know of no good answer to this situation. I think the interviewee in this case has laid out the case as well as it can be done, but not everyone will agree with it.
The answer lies not in your enemy, but how you define war for yourself - and the conditions under which you wage it.
Because of the desire for presidents and congresses and prime ministers and parliaments to keep getting re-elected, a common misperception has arison between a police action and a war.
A war is not a police action.
Here's the difference:
What we are actually doing in the middle east, our extremely limited rules of engagement, our open defamation of our own culture in the face of the enemy to appease Muslims, our policy of being seriously harmed or even killed before we respond with any lethal force, defines a police action - in fact.
What the police are doing to the citizens of this country, in no-knock raids involving stormtrooper tactics complete with grenades, empty-magazine policies, absolute officer indemnification under any circumstances for unauthorized beatings and killings, and seizures of all property upon unwarranted suspicion, seizure of personal data, as well as mandatory sexual molestation and psychoemotional trauma programming at airports, define a war - in fact.