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Originally Posted by whocarz
Wow this is a bit of an old thread.
I want to address the issue of the guys rotting in Gitmo. Basically, they are damn lucky they aren't dead already. Military justice states that any armed combatant in disguise or out of uniform can be considered spies and aren't granted the rights a POW recieves. They can be tried by a military tribune and executed. The Administration won't give it a green light though, because they know there would be a massive uproar about it. The basic idea is don't wear a uniform and fight, then fight to the death. If you get captured, you're basically fucked.
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Exactly, and for all you who piss and moan there is no such status, do yourself a favor and read some of the post threads were this has came up
Rekna's: what's a terrorist?
http://www.tfproject.org/tfp/showthr...ighlight=hague
Anywho, to pull up this old shit.
Ex Parte Quirin 1942:
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The term was first introduced in 1942 by a United States Supreme Court decision in the case ex parte Quirin. In this case, the Supreme Court upheld the jurisdiction of a U.S. military tribunal over the trial of several German saboteurs in the US. This decision states (emphasis added and footnotes removed):
"...the law of war draws a distinction between the armed forces and the peaceful populations of belligerent nations and also between those who are lawful and unlawful combatants. Lawful combatants are subject to capture and detention as prisoners of war by opposing military forces. Unlawful combatants are likewise subject to capture and detention, but in addition they are subject to trial and punishment by military tribunals for acts which render their belligerency unlawful. The spy who secretly and without uniform passes the military lines of a belligerent in time of war, seeking to gather military information and communicate it to the enemy, or an enemy combatant who without uniform comes secretly through the lines for the purpose of waging war by destruction of life or property, are familiar examples of belligerents who are generally deemed not to be entitled to the status of prisoners of war, but to be offenders against the law of war subject to trial and punishment by military tribunals."
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