Quote Originally Posted by SuperChicken
Here is where I have some issues...How can we hold ourselves up to the world as the ultimate arbiters of right and wrong; of fairness and equanimity--as defined by our Constitution--and allow these people to be held outside of the protections that that very document specifies? If we truly believe in the rights and protections of our Constitution, shouldn't we apply them equally to ALL humans? Yeah, the Geneva conventions allow it, as they are not uniformed soldiers; but, from an idealists standpoint, shouldn't the Constitution supersede the Geneva accords? Wouldn't that stance reinforce to the rest of the world that we stand behind that document at ALL times, rather than when it is 'convenient' for us to do so? Just asking to see what others think...this has gnawed at me as long as Gitmo has been operating, and I'm not sure where I really stand about it.
I had this issue for a while also, but it really comes down to the fact that our criminal court system has become so liberal and so slanted towards the defense that the inability to have evidence in the typical sense would lead to pretty much every one of those that are in Gitmo to being released. I dont agree with them sitting there for years at a time with no trial or anything, but that doesnt mean bring them to the US and put them under the same protections as someone arrested for a crime on US soil. In fact, there isnt a single state or federal court that could claim to have juristiction in the case.


Quote Originally Posted by SuperChicken
edit: On further thought, is it not true that the Geneva accords don't really apply here, as they do not really address the concept of war against an ideology--that of terrorism and jihad--as opposed to war against a country, with a flag, an organized army, etc.? Again, just putting it out there.
You are right. There is no formal documentation to cover a situation like this. That is why I believe most people are reverting to the Geneva Accords for their rules of engagement. I dont know if it will ever be addressed either. We all know the UN is completely ineffectual on all fronts, and without the US its rubber stamp wont even hold the ink for anything.