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Politics : Politics for Pros- moderated
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To: Ilaine who wrote (121829)7/8/2005 8:45:55 PM
From: TimF  Read Replies (1) of 793928
 
in part because these people, as we both acknowledge, are neither fish nor fowl, neither persons who have violated United States law, nor persons who are covered by any particular Geneva Convention.

POW status wasn't created by the Geneva convention. You don't need a prisoner of war treaty to take prisoners of war, or have them covered by that status. The treaty just deals with how you treat them. "Illegal combatant" was and is a term for people who don't get the protections accorded to "lawful" POW's under the treaty. Before that term came in to existence there where other laws and treaties covering spies and pirates and such. They had no international treaty protection. They could just get shot.

Nevertheless, they are being held by US employees and agents, and as such, are entitled to due process and habeas corpus review. <.i>

I don't see a good legal or constitutional reason why this is so. You hold prisoners taken in war. You don't try them. Can you imagine trying to collect evidence and run trials for all the German prisoners taken in WWII. Its just wouldn't have been possible, and even with the lower number today I don't think "proof beyond all reasonable doubt" combined with a full court room hearings and full legal appeal works.

I'm not sure the "presumption of innocence" applies, when they are not being charged with crimes. Being an enemy combatant isn't a crime.

Tim
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