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Politics : Politics for Pros- moderated
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To: D. Long who wrote (287552)1/20/2009 6:34:48 PM
From: TimF  Read Replies (1) of 794002
 
And this is the person charged with the prosecution. Forget about it.

If your going to prosecute him, then these type of things will come up. A prosecutor needs to find out because of the risk that the prosecution will likely fail (or if the facts are undisclosed there where be ground for an appeal).

Its one of the reasons why we typically don't prosecute enemy combatants.

A full POW gets held without prosecution for the duration (but we would not supposed to be treating him that way during his detention). He actually can't be tried for the crime of fighting the way against us because its considered a lawful act (under our own laws and by treaty). But he can be tried for war crimes and any ordinary crimes he may have committed.

An Al Qaeda operative, doesn't get the full set of POW protections because he's not fighting for a signatory of the act, or an organization that follows the rules of the various relevant treaties and conventions. His way of fighting typically IS a war crime, so you can try him for that.

But should you not have enough evidence (or evidence that was obtained by a method the courts will accept, and that won't compromise intelligence sources), then he should still be able to be held for the duration, just like a POW would be.

When the question of whether he is an enemy combatant is in question, then some form of inquiry and maybe a tribunal is warranted. But normal prosecution in a American court with regular US rules and procedures isn't required by any treaty the US has signed.
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