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What Is An Unlawful Combatant?

An interesting article at FindLaw discusses the legal difference between Prisoners of War and Unlawful Combatants. It seems pretty clear that al Queda fighters are “unlawful combatants” and as a result are subject to a very different set of rules concerning prosecution.

By keeping the unlawful combatants in Cuba, because they haven’t entered the US, they aren’t entitled to access to the judicial system, which means their only legal appeal is that which the executive branch allows them, which you can bet is zilch. I’m no legal expert, but it almost seems that bringing them to a US military base could be construed as effectively bringing them into the country, since the bases governed by US law. That’s probably a stretch, but it does seem like a convenient technicality carefully designed to remove any legal recourse for the accused.

01/25/02 05:06PM Politics

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