Quote Originally Posted by TinCow
We are not talking about jailing or executing these people without a trial. We are talking about holding them for questioning and interrogation. POWs may be held for the duration of the conflict without access to legal counsel. They most certainly may not be abused and must be afforded the rights of the Geneva Convention, but by no means do they have any rights to access to the justice system. 'Irregular Hostiles' (again, for lack of the proper term) have even fewer rights and may or may not be covered by the Geneva Convetion.

Either way, they may be held without trial and without legal representation for the duration of the conflict. After this point they must be released or tried in open court for their crimes. The conflict is clearly still going on and as such we have not reached a point at which they are given access to the court system.
How long can you hold people for questionning and interogation without it being jailing them de facto? I guess that some are hold since end of 2001...

On the status question; there are one issue: who decides if they are POW, illegal combattants, or just plain criminal?

If they were POW in the war with Afghanistan, well, that war is over, so either they are fred, or there is a specific charge to be made; then set up a tribunal to judge them.

Since you mention "duration of the conflict": I don't remember the USA being at war with anyone currently: war in Afghanistan is over, war in Iraq is over. On a judicial ground, occupation is not conflict, and ought not to stop you from releasing POW. So which conflict are you referring to?

Louis,