The Military Commissions.....?

Question

The Military Commissions Act suspends the statutory right to habeas corpus for those battlefield captives detained as enemy combatants. What is your view of this provision?

Answer 1

They are unlawful combatants as defined in the Laws of Land Warfare (Geneva Conventions). They don't wear distinctive uniforms, have a defineable chain of command, or brandish their weapons openly. In previous conflicts they would have been executed after capture with no penalties under international law. They should count themselves lucky that we waste so much legal talent and paper to give them rights they don't possess in the first place.

Answer 2

First of all, I have to correct you--the battlefield captives must be declared "unlawful" enemy combatants in order for habeas corpus to not attach to them.

I am opposed to the MCA because I am in favor of habeas protections being afforded to any prisoner, anywhere. It allows our government to operate outside our laws, which is profoundly anti-American.