Comment

Report: Bush Administration Released Two Al Qaeda Leaders Behind NW 253 Terror Plot

465
McSpiff12/28/2009 7:46:34 pm PST

re: #438 lawhawk

Under the Geneva Conventions, POWs were allowed to be held for the duration of hostilities.

Given that the jihadis are hoping to fight and sustain a generational conflict, permanent detention would follow.

However, the Geneva Conventions really didn’t anticipate a permanent state of war either… so you have a move to do something about holding them that ends the detainment at some point.

Necessarily ambiguous.

Well, it’s quite possible to legally justify just about any position when it comes to the Gitmo detainees. However, I simply cannot support indefinite detention without some form of trial/tribunal. I’ve seen too many miscarriages of justice in the civilian system to believe that no mistakes will be made in the military system. And there needs to be a mechanism to correct these mistakes. Now, if the evidence is properly judged, and the defense fails to prove it’s case, indefinite detention or execution is fine with me.