Over more than two centuries of peace and war, the United States has developed a highly effective legal system that, while far from perfect, is rightly admired around the world. The shadowy parallel system that the Bush administration created after the Sept. 11 terrorist attacks has by now proved its inferiority in almost every respect. It does not seem to have been effective in finding and prosecuting the most dangerous terrorists, and it has been a disaster in undermining America's reputation for fairness, just treatment of the guilty and humane treatment of the innocent.I agree that the United States should treat unlawful combatants in accordance with accepted international accords.
The only major international treaty that deals with unlawful combatants is the Geneva Convention, which has been used in most major wars as a guide to the treatment of prisoners. It is clear on the issue. Unlawful combatants can be hanged. Even our militia of our own Revolution understood that, so they were careful to incorporate items of clothing that would identify them as military, lest they be summarily hanged after being captured. The historical record is clear, and we should continue to treat unlawful combatants in accordance with those examples.
The elements of the crime would be twofold. 1) no identifiable uniform, and 2) bearing arms against the United States military. Any military tribunal could establish the offense and any major command (division or higher) could try the offender. Persons found Not Guilty would, of course, be released. After a finding of Guilty, a suitable gallows should be constructed and the offenders hanged. Done expeditiously, the time from capture to execution should be no more than 60 days.
That would be in accordance with accepted international treaty and should immediately be adopted.
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