They were not wearing uniforms recognized as belonging to any professional army. However, we've been trying and convicting people like that for years... we call them spies.
The liberal justices are allowing political opinion to interfere with their ability to reason... Not that this is a new thing. This "Do as I say, not as I do" attitude, along with totally ignoring all precedent to further their political aims, makes me want them removed from the bench, from the country, and from the planet.
I'll say it again: They have ruled that the detainees can't be held because they aren't prisoners of war, but they're suggesting Bush can be prosecuted for violating the GC, which only applies to prisoners of war. Utterly retarded.
This would not seem to be the case according to SCOTUSblog:
"The Court expressly declared that it was not questioning the government's power to hold Salim Ahmed Hamdan "for the duration of active hostilities" to prevent harm to innocent civilians."
This is exactly what I get out of it. Seems incredibly stupid to make both arguments.
susie