US citizens, having gone to a foreign country and been captured while engaging in warfare, was rightfully held by coalition forces and subject to the laws of the sovereign country. This agrees with the Law of Nations, a document mentioned in Article 1, Section 8, Clause 10 of the US Constitution.
The US government claimed an authority to arrest foreign individuals in a foreign country, without first making them legitimate targets of war in accordance with the Law of Nations. Declaring war would have done just that, made every person in that country who offered resistance a bona-fide POW.
They didn't want to do it that way, it might upset someone, so they label them 'enemy combatants' and lock them up. Despite what the general government would like everyone to think, the Constitution is still in force, and failing to follow it has repercussions.
Now, due process will kick in because of our gutless, politically correct Congress, and these people will be released into our country and probably be given bundles of taxpayer money to boot!
If they didn't have something against us before, I'm sure they will now, and the government will never, EVER admit to what it has done.
(sigh)
“This agrees with the Law of Nations, a document mentioned in Article 1, Section 8, Clause 10 of the US Constitution.”
Exactly what text are you referring to regarding the “Law of Nations”? I find no “mention” of it anywhere in Article 1 Section 8 of the Constitution.
“Declaring war would have done just that,”
What are the Constitutional boundries regarding a “declaration of war”? I have only found that a “Declaration of war” must exist. I have found no parameters or limitations on what a “Declaration of war” is.
Please give references from the US Constitution.