So they go to a boys and girls camp for 6 weeks and agree not to practice terror until some religious freak issues a fatwa?
If they were captured on the battlefield, then they get the full Geneva Prisoner of War treatment. But if they were captured as terrorist suspects, then they need to be treated as international criminals and tried legally in a manner that will satisfy the laws that we hold dear and be recognized by other Western countries. If they are found innocent, they go home. If they are found guilty, they are sentenced and executed or jailed.
Religious freaks issue fatwa's all the time. In Saudi Arabia an official fatwa would only come from the King.
I was kind of being sarcastic on the 6 week camp thing. The International Criminal Court was established in 2002 in The Hague. Not every country has signed on to it (including the USA) but the purpose is to try "War Criminals" in a globally, transparent matter. War Crimes are typically defined as "crimes that have exceeded the normal parameters of war behavior". So is a terrorist guilty of "War Crimes" if he is plotting to attack our troops in Iraq? Is a terrorist guilty of "War Crimes" if he is plotting to attack innocents civilians in a refinery in Baton Rouge? Is a terrorist guilty of "war Crimes" if he beheads an innocent journalist for propaganda? War Crimes are usually so egregious and well known that The Hague is not so much a retributive justice as it a healing process for the victims. For retributive justice you have to prove things beyond a shadow of a doubt and that is pretty hard when you are talking about a war. Red, I am not trying to be argumentative with you. I actually think we are close to being on the same page. My issue is that the President should have a clear plan on dealing with captured enemy's to our state and I do not think he has one. Someone mentioned it earlier, this is like the war on drugs. It is going to last for a long time. It is the enemy's job to plot against us. They are not guilty of any real crime. But how do you keep them from hurting you once you catch them? What are they going to do with enemy combatants? How do you find out what they know? Can we look on the computers with out a warrant? Can we put captured terrorist in separate rooms and work them against each other for info? Under the army field manual you can not play good cop / bad cop. The President is tasked with keeping us safe in my book. I hope this one is up to it.
The Geneva Convention treats combatants out of uniform in a very specific way, and it's not as a POW. Article 4 of the GC, as it pertains to these guys: These guys do not fit this profile at all. Firing from schools, mosques, ambulances, etc. These activities do not accord you the rights of a POW. I do believe that a better solution should be reached, but I see no evidence that they should be given international POW rights, nor American Civil rights by being transported here.