Legal Commentary

The Laws Of War And Status Determination For Alleged Enemy Combatatns

By Big Tent Democrat

Regarding the Ghailhani "terror trial" result, Glenn Greenwald writes:

But even had [Ghailiani] had been acquitted on all counts, the Obama administration had made clear that it would simply continue to imprison him anyway under what it claims is the President's "post-acquittal detention power" -- i.e., when an accused Terrorist is wholly acquitted in court, he can still be imprisoned indefinitely by the U.S. Government under the "law of war" even when the factual bases for the claim that he's an "enemy combatant" (i.e. that he blew up the two embassies) are the same ones underlying the crimes for which he was fully acquitted after a full trial.

This is a long running disagreement I have with Glenn - I do believe the President has pre- and post- acquittal detention power, subject to the Laws of War (the Geneva Conventions), as Commander in Chief, regarding enemy combatants. The key remains, as I have written many times, a fair and open status determination process as required by the Geneva Convention. I've been remiss on following the progress of President Obama's vaunted review for recommendations regarding a status determination process. To me, it remains the key issue regarding the terror suspect detainees.

Speaking for me only

Full post as published by TalkLeft on November 19, 2010 (boomark / email).