Gitmo is not a jail. It’s a POW camp for Unlawful Combatents. This ruling is insane. Should N. Korean and VC be able to sue us for taking them prisoner in those undeclared wars?
Be careful of your terminology. A "POW" has specific rights in accordance with the Geneva Convention per his status as a captured lawful combatant. Gitmo is a detention center for unlawful combatants.
“Should N. Korean and VC be able to sue us for taking them prisoner in those undeclared wars?”
Our founding fathers warned us against such actions as undeclared wars. If we intend to wage war then call it, wage it, and win it. This idea whereby we have lost the concept of war and instead think of ourselves as police using the military is just nuts on all kinds of levels for all kinds of reasons. It’s like partial circumcision: Either go all the way or forget it.
I am all for getting to the root of who did 9/11 but not at the expense of using our military as a police force and the US holding people indefinitely without any known disposition. What are we going to do, hold them forever? When is this “war on terror” over such that we can repatriate the prisoners?
Imagine another country holding you prisoner without trial or a status as a POW without a war having been declared on the US.