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In reply to the discussion: What part of non-citizen don't you understand? [View all]coalition_unwilling
(14,180 posts)51. Not an expert on Geneva by any means, but I'm pretty certain that
Geneva requires that anyone detained on the field of battle be given a judicial hearing to determine whether he or she is in fact a combatant. In other words, under Geneva if I understand it correctly, the Executive branch through its military cannot lawfullly be the final arbiter of whether someone detained is a combatant. Only the Judicial branch can be.
That reading of Geneva puts the status of everyone detained at Gitmo outside the bounds of international law and explains one reason why most civil libertarians and adherents of international law view Gitmo as an absolute abomination.
Now, if I'm wrong about what Geneva requires as to determination of combatant status, I will gladly retract this post.
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at least you comprehend that it only applies to foreigners. Some can't even understand that.
MjolnirTime
Dec 2011
#47
Non-citizens are human beings and deserve to have their human rights respected.
Odin2005
Dec 2011
#2
The answer is obvious: as defined by the "Commander in Chief", the military's Highest Power.
ThomWV
Dec 2011
#10
Not to mention the fact that it MANDATES detention of non-citizens, but ALLOWS detention of citizens
Capitalocracy
Dec 2011
#7
The bill gives the President the discretion to do the same to U.S. citizens
Luminous Animal
Dec 2011
#5
Padilla was kicked back to the Circuit on a technicality. His case has never been decided by the
Luminous Animal
Dec 2011
#40
Captured in Afghanistan in battle and the SC decision rested on his circumstances
Luminous Animal
Dec 2011
#42
The ACLU is apparently ignoring the fact that existing law already covers that.
phleshdef
Dec 2011
#22
"Yes, let me explain it in words that even a 5-year-old can understand …
Luminous Animal
Dec 2011
#8
It gives the authority to detain people involved with the Taliban and Al-qaeda only
bhikkhu
Dec 2011
#50
Visitors to the US, that part. Its kind of a dickmove to shitcan their human rights.
Erose999
Dec 2011
#24