Since the initiation of Enduring Freedom we have faced irregular forces, and possible "illegal combattants". Many of these "detainees" are currently being held in Cuba at Gitmo. The standard for treatment of these detainees has been the same as treatment of a POW until that persons status is changed by higher command. At no time under the current operations have LTCs at BN commands been eligible to declare a combattants status. In fact the majority of detainees in Gitmo have had their status determined by the CIA and FBI. Therefore even if LTC West suspected that this detainee were an Illegal combattant he has defied the standing order to treat them as POWs until their status can be determined by the proper authority. The "standard of treatment" that you site for GTMO is treatment for detainees that are no longer active combatants and are out of the theater of operations.
An irregular combatant engaged in a bombing campaign and still in the spot where he was captured, by the very nature of his warfare, is still an active combatant when he witholds information about impending attacks.
Neither you nor I are privy to interrogation tactics used at GTMO as we do not have a "need to know".
However, it has been reported that some detainees have been sent over to some of our "allies" in the Middle East so that they may use their persuasive powers to loosen the tongue.
Military law can be interpretted in different ways as can civilian law. The U.S. Supreme Court, < sarcasm> in it's infinite wisdom, < /sarcasm> has determined that the "penumbra" of the 14th Amendment allows a woman to abort a perfectly viable fetus.
Military law can be interpretted to fully support the actions of Colonel West.
However, in this particular case, one JAG has interpretted it so strictly that if Sgt. Ispy4u captured a terrorist who is bragging that, in 20 minutes, a massive bomb will cause 5,000 civilian deaths somewhere in New York City, all Sgt. Ispy4u would be able to do is ask the terrorist if he has any particular attorney he prefers.
First please don't address me by rank, especially if you do it wrong(I know too picky).
The standard of treatment I cited was the treatment of captured personnel before their legal status was determined. Gitmo detainees were classified by CIA or FBI under a special designation designed to hold AQ members and Taliban terrorists. Their treatment until transport to Gitmo was exactly the same as EPWs from the Taliban Afghani Military. That's why John Walker was located in the EPW prison until his classification by CIA interrogators. Therefore LTC West should have treated this detainee the same as a POW until classification by the proper authority.
It is not possible, except throught mental gymnastics, for a captured/surrendered combatant to be considered active regardless of information he holds. Go back and re-read your description of a legal combatant it is precisely the description required to define any combatant. All POWs have the potential to hold information, by law POWs are only required to give name, rank, and ID number. We are allowed to attempt to gain more cooperation / information, but only through prescribed means. LTC West knew this.
Interpretation of military law is up to a military judge. LTC West knew he had done something wrong, why else would he confess to his superior.