Re: But they were captured on a battlefieldnotmy_realnameJune 14 2008, 06:14:15 UTC
But it's not an "alternate trial method", it's the specific trial method called for in the Geneva Convention as ratified into law by the US Congress; they shouldn't have any choice but to work within it, because the Convention doesn't offer any other option. The Supreme Court shouldn't have the authority to make up new rights or laws completely out of thin air; in this case, the supposed right of civilian court review of military status. And I say that COMPLETELY REGARDLESS of what's being done to the detainees; if they're not getting some right that they think they are supposed to be getting, the US civilian court system is STILL NOT the appropriate venue for redress of grievances of foreign fighters captured on foreign soil being held on foreign soil for activities that are illegal under military rather than civilian law; that jurisdiction lies with the military tribunals of the detaining nation, or perhaps ultimately the UN International Court of Justice, but certainly not any civilian court. Basically, the US Supreme Court really ought to have more compelling legal reasoning than just saying "Fuck this".
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