The Wall Street Journal's Bret Stephens asks why don't we hang pirates anymore and his answer is that we've indulged in "legal exquisiteness".
I think this response is too superficial. The problem is that we live in a global society with no functioning global government. States are becoming less relevant, but we've no new legal regime to deal with these developments.
John Robb put it this way:
Our traditional approach views the [nation] state as a hermetic entity... that clearly isn't the case anymore. Globalization has changed the landscape. States are no longer singular nation-states, but rather (meta?) organizations in competition with within a globe-spanning marketplace. |Brave New War, page 165 (2007)|
For more reviews and criticism of Brave New War, see this blogpost at MountainRunner.