Quote Originally Posted by Papewaio
Aren't the detainees:
a) Persons.
b) Being held for a major crime.

b) is incorrect.

Detainees are not criminals. They are enemies of the U.S. They are not necessarily charged with a crime. Military Commissions are not under the Judiciary. They are under the Executive. They are an instrument in war at the discretion of the Executive. There is no necessity ever. Commissions are typically used to sift the captured. For example, I believe some 6000 were originally captured in Afghanistan. Of those, around 600 were initially sent to Gitmo. There is no requirement that any detained be tried. They can be held until the end of hostilities, which could be a lifetime.