Whats wrong with the US detaining prisoners captured in Afghanistan as “unlawful combatants”?
The immediate concern is that there has been no legal process to determine the actual status of prisoners held in Afghanistan or at Guantnamo Bay. The US government has not allowed a legal tribunal to determine whether or not any of the prisoners can be detained as Prisoners of War (PoWs) — as required under the third Geneva Convention. It appears that the US government has also failed to lay criminal charges against any of the detainees. Unless the detainees are being held as PoWs, or have been charged with a recognizable criminal offense, there is no legal ground for continuing to hold them in captivity. Even under US security legislation introduced in response to the September 11 attacks, people suspected of involvement in “terrorist” activities can not be held for more than seven days without charge.
