Court says detainees have rights, bucking Bush
Jun 12, 9:36 PM (ET)
By MARK SHERMAN
WASHINGTON (AP) - In a stinging rebuke to President Bush's anti-terror policies, a deeply divided Supreme Court ruled Thursday that foreign detainees held for years at Guantanamo Bay in Cuba have the right to appeal to U.S. civilian courts to challenge their indefinite imprisonment without charges. [...]Guantanamo Inmates May Seek Release, High Court Says
By Greg Stohr
June 12 (Bloomberg) -- Guantanamo Bay inmates have constitutional rights and may seek release in federal court, the U.S. Supreme Court ruled in a rebuke to the Bush administration and Congress on their handling of accused terrorists. [...]
Now expect the civilian courts to immediately fill with 270 writs for habeas corpus for UNLAWFUL ENEMY COMBATANTS. By Geneva convention III
defintions, they are civilian attired enemy combatants and HAVE NO PROTECTION.
Under Article 4, Section A, Paragraph 2, a prisoner of war is defined as:
Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfill the following conditions: (a) that of being commanded by a person responsible for his subordinates; (b) that of having a fixed distinctive sign recognizable at a distance; (c) that of carrying arms openly; (d) that of conducting their operations in accordance with the laws and customs of war.
Al Qaeda does not meet these requirements.
The Taliban only meets part a.
The prisoners detained at Guantanamo by The United States are not afforded protection.
By international conventions of war, these prisoners cannot be classified as "Prisoners of War". They have no rights.
They should have no rights under the US Constitution as they are not on, nor have they been, on US soil. The US Supreme Court has greatly overstepped its bounds of authority and has de facto extended US constitutional protections to foreign persons outside the US territories.
There is a very good discussion on this and other points here
What could be the solution to the problem of taking terrorists prisoner? The proposition is a bloody one. Don't take prisoners.
It is simple, if they shoot at you, kill them. If you suspect them of terrorist ties, kill them.
Other than that, expect a big change in how we fight wars. We fight to lose now.Read the dissent by Justice Scalia
.Read the dissent by Chief Justice Roberts