Lots of contorted thinking here, hinging on the premise that the world will see things exactly as we might. It probably won't. And, besides, there are other crimes with stiff penalties, like sedition, that are arguably more directly descriptive of what they did. (If you start building a case on the existence of an Enemy, you are vulnerable to vast disagreement over the existence and identity of such an Enemy.)
Lots of contorted thinking here, hinging on the premise that the world will see things exactly as we might. It probably won't. And, besides, there are other crimes with stiff penalties, like sedition, that are arguably more directly descriptive of what they did. (If you start building a case on the existence of an Enemy, you are vulnerable to vast disagreement over the existence and identity of such an Enemy.)