Are GITMO detainees entitled to USA CONSTITUTIONAL rights?

Answer 1

Hell no! Since when did the Constitution of the United States apply to foreign nationals?

The terrorists aren't covered by the Geneva Convention, either.

The pertinent part of Article 4 which defines who is covered includes the following:

2. Members...of organized resistance movements, belonging to a Party to the conflict...provided that...such organized resistance movements, fulfil the following conditions:

(a) That of being commanded by a person responsible for his subordinates;

(b) That of having a fixed distinctive sign recognizable at a distance;

(c) That of carrying arms openly;

(d) That of conducting their operations in accordance with the laws and customs of war.

The terrorists, with the possible exception of rule #3, definetly do not meet these conditions. If they won't follow the convention's rules, why should they be given it's protection?

Answer 2

I think they should have an act of war at Gitmo and I don't mean the Americans .. What the he** is wrong with you people ..Have you all lost your minds.. these prisoners have killed over three thousand Americans and we are washing and changing their shi* soiled under ware and in a lot of cases wiping their *** ... take a look at the American prison system these guys are getting away with a lot, but are no where close Gitmo..
Its starting to sound like a vacation resort treat these Bastards like they treat our solders or has everyone forgot.. has this liberal media got you so filled with hate for our fellow Americans that you can't see the Forrest for the trees.. Put them slob's on a torture rack and make them talk... If they were good people they would not have been at the locations they were cough at ...The Gitmo Prison should be closed but not until all are tortured until they sing Good Bless America the prison would be empty in a week... let our prisoners make them talk .. the more info received the shorter their sentence would be ..no expense now fail .. our child molesters don't last long in prisons.. the same should be given to our friends at Gitmo... One more thing all Democrats that are blowing smoke up peoples a** should all get a life everyone knows what you are doing.. Americans are being killed... You all are starting to sound like the Kennedys can none of you make a decision....

Answer 3

As long as the Gitmo terror detainees are in U.S. custody, the Supreme Court has recently said they have the rights under the Constitution and the Geneva Convention for the treatment of war criminals. No matter how you say it, they have rights!

Answer 4

Not the same rights as US citizens or resident aliens charged with crimes, more nearly akin to the rights of prisoners of war under international treaties. Whether the rights to which those detainees are entitled (and it is legitimately a tricky question) are determined to come from federal law or international treaty, the US Constitution provides that those laws are the supreme law of the land, so their rights are at least indirectly derived from and provided by the operation of the Constitution.

Answer 5

Those civics classes were obviously too tough for those claiming US forces are operating under authority of anything other than the US Constitution.

The US Constitution is the only authority by which US governments operate.

If anyone does not have "Constitutional rights," then the US government has no authority over them.

The Constitution provides the foundation for everything the government does, including the rules that must be followed by all government officials, employees & agents.

Answer 6

No. There entitled to the Geneva Convention rights, that the USA signed after WWII.

Answer 7

The United States Constitution outlines the rights of American Citizens. not foreign nationals.

However, these non-combatants are given humanitarian rights; only those that are combatants are given the rights guaranteed by the Geneva Convention

Answer 8

No, they do not get US Constitutional rights. However, former members of the Taliban do get Geneva Convention rights because they were the recognized government of Afghanistan, who was a signatory to the GC. Al Qaeda does not get GC rights.

Answer 9

Not sure they could even be assigned Geneva Convention status, they are not signatories of the agreement. Some pose the argument that if we do not extend these rights then why should our soldiers be extended rights. This position assumes that terrorists that behead people at their whim, or tie bombs to woman and children are reasonable people and would be willing to extend rights to their enemy, what a joke.

Answer 10

They are not U.S. citizens and are not entitled to rights reserved for U.S. citizens. They are at best prisoners of war. The fact that they do not wear uniforms attack unarmed women and children implement terrorist tactics, and do not fight according to the rules of engagement as defined by the Geneva Convention does not even qualify them as "prisoners of war". They are scum and like all scum should be removed with extreme prejudice.