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Politics : View from the Center and Left
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To: Ilaine who wrote (24706)7/21/2006 5:09:23 PM
From: TimF  Read Replies (1) of 541421
 
Perhaps I didn't make myself clear. A minor edit could make my statement more specific -

"...and there is no requirement in the third geneva convention to pass a sentence in order to hold captured combatants."

Whether there is even a requirement under the Hamdi decision is a semantic issue. A requirement that someone held as an enemy combatant be given a meaningful opportunity to contest the factual basis for that detention before a neutral decision maker. Might be considered as something other than a requirement to pass sentence. I'm not splitting hairs here. Passing sentence means you are sentencing them for committing a crime, not recognizing their status as combatants and holding them.

But then while there would seem to be no requirement to actually pass a sentence against anyone there clearly is a stipulation in Hamdi that a tribunal of some form be conducted, and Hamdan struck down the specific type of tribunal that the administration had started to use.
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