Legal issues

Vanity | Redangus

[redangus]

I have a question for those out there with a background in the law. Since the terrorist responsible for these acts and their supporters have, in their own words, declared war on America, can they be tried in military court rather than civil/criminal court. During WWII German sabatoeurs who were caught were tried in military court, found guilty and executed. If these people are not US citizens and have declared war on us should they have the expectation of playing our legal system for their own good. Thanks.

For a more indepth view of my opinions on these acts and what is needed from the American people read my post "The Awakening of America."

[Myrnick]

I thought of a similar question on my way into work this morning. If we are indeed at war, then any terrorist we capture is a prisoner of war. What rights are they afforded under the Geneva convention and are we precluded from executing them?

[Phantom Lord]

Dead men don't stand trial.

[Mr. Lucky]

If I remember correctly (it's been a really long time) A terrorist is not considered a prisoner of war. In time of declared war (this may be the rule in undeclared war, but it's not as clear) only a beligerent who is IN UNIFORM is entitiled to treatment as a prisoner of war. A civilian acting as a beligerent is considered a spy or saboteur as is subject to summary disposition.

[DonQ]

If I rightly remember the terms of the Hague Conventions and the other documents on the laws of warfare, terrorists and saboteurs, by definition, do not qualify as soldiers ... because they are disguised (without distinguishing uniforms), committing acts of violence behind the front lines, etc. They don't get trials at all. They are shot outright.