Quote:
Originally Posted by Danzig
excerpted from the article you linked:
There is a dispute over whether (and how) detaines may be incarcerated and tried. David B. Rivkin Jr. and Lee A. Casey claimed that the Supreme Court's Hamdan ruling affirms that the United States is engaged in a legally cognizable armed conflict to which the laws of war apply. It may hold captured al Qaeda and Taliban operatives throughout that conflict, without granting them a criminal trial, and is also entitled to try them in the military justice system—including by military commission.[79]
The Supreme Court in Hamdan v. Rumsfeld has not required that neither members of al Qaeda nor their allies, including members of the Taliban, must be granted POW status. [5] However, the Supreme Court stated that the Geneva Conventions, most notably the Third Geneva Convention and Article 3 of the Fourth Geneva Convention (requiring humane treatment) applies to all detainees in the War on Terror. In July 2004, following Hamdi v. Rumsfeld—ruling the Bush administration began using Combatant Status Review Tribunals to determine whether the detainees could be held as "enemy combatants".[80]
The ruling also disagreed with the administration's view that the laws and customs of war did not apply to the U.S. armed conflict with Al Qaeda fighters during the 2001 U.S. invasion of Taliban-controlled Afghanistan, stating that Article 3 common to all the Geneva Conventions applied in such a situation, which—among other things—requires fair trials for prisoners. Common Article 3 applies in "wars not of an international character" (i.e., civil wars) in a signatory to the Geneva Conventions—in this case the civil war in signatory Afghanistan. It is likely that the Bush administration may now be forced to try detainees held as part of the "war on terror" either by court martial (as U.S. troops and prisoners of war are) or by civilian federal court. However, Bush has indicated that he may seek an Act of Congress authorizing military commissions.
a military tribunal is what the geneva conventions state as the means of trial for combatants. nothing from the above belies anything i said, so thanks.
i went back and bolded the part about the supreme court and the 'war on terror'.
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Yes, but notice the date on the above (it is old), and read far down below, further, about what we can and cannot do legally - the "final decisions", not the arguments of the time.