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« Hamdan: Breakdown of the Convictions and Acquittals | Main | Hamdan, Material Support, and the Ex Post Facto Issue »

August 06, 2008

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I enjoyed this post, which defined the issues as clearly as the murkiness allows, but this seems to me way off key:
"Whether Hamdan should ultimately have been convicted or not, there does seem to be sufficient information in the public record to justify his indefinite detention as a member of a force hostile to the United States engaged in a conflict against it."
I hadn't actually realised there was a law any time, any place, (well maybe just in democracies of the Anglo-Saxon ilk) that permits indefinite detention for such an offence. Where is the offence defined and the propsed punishment defined? Has the offence to be proved? ("sufficient information in the public record" sounds very vague to me"). In what situation is it to be tried (a court of law?).
It strikes me that, if this offence exits, then the entire populations of Germany and Japan 1939 - 1940, not or mention Korea, Vietnam in the 50s and 60s could/should have been brought to the U.S.A. or Guantanamo to be punished.

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