Exactly. this is why Bush is being put in a very difficult position. This is the first time in the history that we're fighting against a faceless enemy with no nation of its own but speaks & fights for "them." Our laws were written for conventional warfare and Geneva Convention doesn't even apply to terrorists like Al-Qaeda.
A terrorist/freedom fighter can declare war on USA without state affiliation. Their organization is their affiliation and they operate on any nations that are too weak & too poor to repel them.... which is why most of them are in Africa and Asia. Leader of Al Qaeda leader was in Afghanistan and since Afghanistan was controlled by Osama bin Laden... we attacked Afghanistan.
so what if there's a new leader of Al-Qaeda residing in Somalia? if the new leader controls Somalia... should we attack Somalia too?