war prisoners are war prisoners. no legal rights, other than those afforded to them by established conventions
I agree with that point and will offer this angle. We could simply hold these people until such time as a declared war is over. This would take Al Qaeda ending their declared war on a Member state. Seeing as that is absent, we are just in holding their 'soldiers' off of the battle field for the duration.
If folks want to claim that these are not prisoners of war by the traditional and accepted norms, then we can take another approach. We can prosecute them militarily. Seeing as how every attack made by our enemy can easily be classified as a war crime that will be relatively easy.
One thing is for certain, if we deem them a risk to release, they will not be released and we are proper to undertake that position, after all this is war.
I would offer to you that everyone has rights. Even criminals. What rights to afford to them is open for debate and personally I am all for them being very limited. A right to be released? No way. A right to clean clothes and 3 hots and a cot, sure. A right to representation in a legal proceeding? Sure. A right to US civil courts? Hell no.
Offering them no legal rights whatsoever puts us in the same category as those we fight. I don't think any of us wants that. We can do better. I truly think that W wanted to jut hold these people until this declared was was over. I think his hand, and the hand of our nation, has ben forced by lawyers playing games with words in law.
I think the lawyers have painted themselves, and now those they claim to be representing, into a corner by their pure and utter desire to oppose Bush(and the USA) at all costs. They did this to themselves and now, some of the folks they were claiming to be protecting will see the death penalty as a result.
Hopefully next time, these people will rise up and see thru their hatred and actually think things thru before they act on the hate that seems to drive them. Maybe they won't but one thing is for sure, we will not relent, we will not falter, and we will not fail.
1) Illegal combatants..... illegal immigrants. Note the term - illegal. So why the full rights, economic benefits, due process, etc?
2) I thought 'illegal' combatants were in violation of the Geneva Convention. Thus the 'illegal' part. And since they have no rank & serial number to give to their captors they must be held for the duration of the war (can't be tracked on the battle field for GC violations).