The due process of detention
There are those who believe that enemy combatants should receive their judicial day in the field by military trail. I do.
Having made the mistake of capturing and hauling these people around, now, we have to have a military trial system on an acceptable venue. Gitmo was it. People didn’t like it because the complete process was a work in progress.
Now, we have figured out what needs to be done, so let’s establish another military initiative on the proper venue where we can deal with the captives.
There are likely people with different degrees of guilt and maybe some innocents. The system must accommodate that.
Anyone convicted of terrorism should face a minimum life sentence in captivity, IMO. So, someone please explain what is to be done, and for heaven’s sake, don’t try them in civil court.
“Breaking News Alert: Obama administration readies order on indefinite detention
December 21, 2010 5:33:13 PM
The Obama administration is preparing an executive order that would formalize indefinite detention without trial for some detainees at the U.S. military prison at Guantanamo Bay, Cuba, but allow those detainees and their lawyers to challenge the basis for continued incarceration, U.S. officials said.
Under the system established by the previous administration, Guantanamo detainees could go before military review panels with “personal representatives,” military officers who could explain the process but not act as lawyers. The system envisioned under the executive order now being finalized would be more adversarial and would allow detainees to challenge their incarceration periodically, possibly every year.”
“he following is a paper on the existence of the classification “enemy combatant”. It analyzes the ramifications on an individual once they are classified an enemy combatant, and the international laws that pertain to the classification. Please note that references are available upon request, and this paper does not necessarily reflect the view of U Be The Critic.com
Does the Classification “Enemy Combatant” Exist?
To determine whether the classification “Enemy Combatant” exists, this paper will analyse state practice, opinio juris, and treaty law.
A good indication of the world’s acceptance of a term is its presence in a dictionary. The English dictionary does not define “enemy combatant”. Its first appearance was in the dictionary of military and associated terms on 6 April 2004.”