affirmed the right of the United States government to detain the enemy for the duration of the conflict and suggested that the Department of Defense create fact-finding tribunals similar to those under Army Regulation190-8 to determine whether a detainee merits continued detention as an enemy combatant.
Justice Sandra Day O'Connor's opinion recognized that the Authorization for Use of Military Force (AUMF) triggered the laws of war with respect to combat operations against the Taliban government and members of al-Qaeda who fought against the U.S. in Afghanistan. She wrote that the AUMF authorized the detention of U.S. citizens as "enemy combatants" when captured in a zone of active combat operations. "[D]etention to prevent a combatant's return to the battlefield," she wrote, "is a fundamental incident of waging war..."
So you acknowledge that they are not POWs?
And of course, none of the prisoners in Guantanamo at present are US citizens. In its history, only one ever was. And was repatriated to Saudi Arabia.
"In
Hamdi v. Rumsfeld, a plurality of the Supreme Court
affirmed the right of the United States government to detain the enemy for the duration of the conflict and suggested that the Department of Defense create fact-finding tribunals similar to those under Army Regulation190-8 to determine whether a detainee merits continued detention as an enemy combatant."
This leaves the release or continued detention of any and all detainees of any nationality up to the DOD, and not to Obama.
So to be clear, you recognize that they are not POWs. And have never been recognized as such.
Yes? You seem to be avoiding this cartoon simple question like it were on fire.
The term POW is not used, but that is exactly what an enemy combatant that is captured on the battlefield is. According to Sandra Day O'Conner's SC opinion.
Prisoner of War is a very specific designation that brings with it all sorts of obligations and rights. The lack of such a designation means that none of the prisoners are protected under the Geneva Conventions. With the US government actively arguing, in court, that the prisoners are NOT Prisoners of War.
And if you believe that Sandra Day O'Conner recognized anyone at Guantanamo as a Prisoner of War, please quote her finding as much.
The term is never once used in the quotation you offered.
. "[D]etention to prevent a combatant's return to the battlefield," she wrote, "is a fundamental incident of waging war..."
That's not a Prisoner of War. O'Conner quotes to awkward lengths to avoid using that term. As it carries with it tremendous legal baggage.
Go through her entire ruling. You won't find her *once* refer to any detainee at Guantanamo as a 'Prisoner of War'.