Monday’s divided (2-1) decision by the Fourth Circuit Court of Appeals is wrong in a number of serious ways (see “Federal appeals court rules against enemy combatant policy”). It refers to “enemy combatants” without knowing what that phrase means. It ignores a 1942 unanimous decision of the US Supreme Court which decided a similar case the way the dissenting judge would have decided this one.
“Enemy combatants” simply means enemy soldiers. When captured, enemy soldiers can be held for the duration of the war, without any charges, trials or access to lawyers. So say the Geneva Conventions, the Hague Convention before them, and the Law […]