"DSK" wrote
.... If the prisoner is captured sans uniform or ID card
international law allows it.

I guess if you repeat it long enough, you come to believe it yourself.

I cited the applicable part of the Geneva Convention. What more do you
want?

... It may be arbitrary and even barbaric by our
US/UK standards but that is exactly the way most of the world does
things.

If the rest of the world jumped on a bridge, would you do that too?

No - that's why I don't go the Muslim countries or break any laws outside
the US. But if I left a family without support to go fight for the Taliban
I'd expect to end up in Gitmo ... or a nuthouse.

Dave wrote:
Your thinking is hopelessly muddled, Vito. Whether detaining a combatant
for
the duration is consistent with law, or desirable from a policy
standpoint,
is a perfectly valid inquiry, and I'm inclined to agree with you that
they
may be held. But justifying that determination by calling the decision
to
hold each one a "trial" is simply an exercise in doublespeak.

I'm curious about issue of holding detainees for the duration. It makes
sense, but shouldn't each one have a hearing to determine that he really
truly was a combatant, not just some unlucky schmuck whose neighbor had
a grudge?

"Unlucky schmuck" is a bit of a stretch yourself. We are only holding a
tiny percent of captives at Gitmo - those suspicious enough and valuable
enough to be worth the bother. The average Taliban grunt doesn't go there
much less unlucky schmucks. It's too expensive.

I have not seen any justification under any law for holding any class of
prisoner indefinitely with no due process at all, ever.

Article 5: Where, in the territory of a Party to the conflict, the latter is
satisfied
that an individual protected person is definitely suspected of or engaged in
activities hostile to the security of the State,.....

The local "magistrate" (OK, tribal leader) decided each one was "definately
suspected" and then a US Intel Officer agreed before any were sent to Gitmo.
That's how they got there. That is "due process" under both Afghan and
international law.

Of course by now, we've held them for years... I'd be pretty f&^&in mad
if it happened to me, if they weren't combatants before they will be as
soon as they're freed. And this is wise policy?!?

No! That's why we will return most to Afghanistan for execution when
finished.