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I came into this a bit late, but it's still going strong so might as well get my feelings out there...
On the international law stuff, the US has given the large finger to things like the international criminal court, treaties on the welfare of children and other such 'soft lefty' things. The US has no legal responsibility to provide things like lawyers and a fair trial to the detainees in Guantanamo Bay. They can do whatever the hell they want.
I am fairly certain that as of right now, most of the people in the Guantanamo Bay holding facility are probably fairly bad people, but we don't know that for sure. That's where the problems lie.
Beyond this, I think the creation of a third class of prisoner, detainee, is a pretty dangerous thing to do. Criminals have rights and PoW's have rights. Detainees seem to have none but the whim of the administration/military. So what happens when someone decides that it's really quite a bit cheaper to detain say, suspected murderers and rapists instead of charging them criminally? Or, instead of paying expensive lawyers, when we're pretty sure that someone has committed an armed robbery, might as well just detain them indefinatly, if you're wrong, who cares, the family? If you're right, well, a dangerous person is off the street. Of course, the family might end up making a lot of noise if they think that the detained is innocent, might as well just get rid of them as well. Really easier for all involved.
Paranoid delusions? Probably, but I really don't want to start walking down that road, violating one person's rights makes it easier to take away another's and another and...
One last thing on the topic of the non-uniformed combants=evil murderers. Does anyone out there know how partisians have been dealt with by various forces on either side since and including WWII? Were they called PoW's or just held then executed? (not including Nazi Germany and Russia under Stalin for what should be obvious reasons) Far as I'm aware, the civilian with the gun shooting at invaders if (s)he survived, was considered a PoW up until now.
Closing thoughts for those who like the Bay and what it stands for.
First they came for the Jews
and I did not speak out
because I was not a Jew.
Then they came for the Communists
and I did not speak out
because I was not a Communist.
Then they came for the trade unionists
and I did not speak out
because I was not a trade unionist.
Then they came for me
and there was no one left
to speak out for me.
- Pastor Martin Niemöller
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