[ExI] QRE: barack W. obama

[Stefano Vaj]

2009/9/29 spike <spike66 at att.net>:
> So now I suppose we can semi-legitimately hold as POWs, all known aQs and
> Taliban,

As it is usually the case in such circumstances, recognising the
stattus of somebody as a POW gives you some rights (e.g., to detain
him or her even though he may not be responsible of any crime), but
also imposes some international duties and obligations on you which
exist irrespective of what it may or may not be legal or
constitutional to do in your country with regard to criminal
defendants.

In fact, I suspect that besides its obvious propaganda value, and a
certain typically American confusion between law, "justice" and
national interest, the insistence on the "criminal" angle has to do
with the desire to keep "free hands" in dealing with them, as in
having one's pie and eating it too.

This, unfortunately for the US gov'ts, makes their life more
complicate from another side, given that one cannot reasonably claim
that, say, people in Guantanamo should have the worst of both worlds,
meaning that they should be dealt with as any alleged serial killer in
the US territory *and* not have the legal guarantees thereof.

-- 
Stefano Vaj