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Why would it be if they are in our land or naval forces? Our law applies not just to American citizens, but extra-national (that makes sense right?) citizens at every level, even due process, all you need be is subject to American custody. At the same time our military operates with their own seperate laws not of civil/common tradition, since any combatant is in the custody of the military, being held in violation of military law, why wouldn't they be held and subject to said laws? This also has something to do with Presidential Executive power, it has been widely held as constitutional for the President to hold tribunals in instances of violation of military/international law, why would Gitmo be any different? Again every action taken thus far , could change come june/july, has been found legal by the courts (well at least the big issues, there have been some smaller more trivial things ruled on).
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To win a war you must serve no master but your ambition.
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