What To Do With Captured Enemy Combatants!

January 15-2008:

What To Do With Captured Enemy Combatants!

We have seen under the George W. Bush administration, the creation of The Guantanamo Bay prison for enemy combatants or terrorists, caught during our war on terror worldwide. But there have been concerns with the incarceration of some of these alleged combatants, who may never have actually done something to validate guilt. But may have associated with, advocated for, or said things that inspired or encouraged terrorists acts against the USA, her interests, or allies abroad.

Such prisoners may not qualify to be treated like American Citizens in a Civil Court under US jurisdiction. But still have to face some form of habeas corpus for their alleged crimes. And this poses some complications as to where such trials will take place, and under what jurisdiction it would it be legally feasible to do.

So I have decided to submit some suggestions in that regard.
Enemy Combatants:

* If someone deemed an enemy combatant is captured in the field of war, or in any terrorist act abroad, or in a foreign country. That person is subject to that country's legal jurisprudence first.

* If such proceedings are not possible for that or those individuals. Then it is incumbent upon the US military officials in concert with The State Department, to seek the expulsion of that or those combatants, to be brought to the USA for such legal proceedings.

* Foreign enemy combatants that are already housed in the Guantanamo Bay facility, must be allowed legal counsel of some sort. Be it military, or civil. And be tried by some military tribunal or civilian appointed magistrates or judges, in a setting similar to that of our local judicial system. So that at least the perception of due process is followed and practiced.

* Those combatants that have served more than five years already in Guantanamo Bay facility, and have not been given due process as yet. MUST be allowed same very soon, under any of the above scenarios. And if found guilty, imprisoned in a special facility somewhere within the USA, that is appropriate and secured for such prisoners.

* Finally, every attempt MUST be made by the military in consort with The State Department, to consult with our allies in the war on terrorism, about the possibility of incarceration and due process, for any of their citizens captured, while indulging in terrorist acts. Because that is the responsible thing to do in this war on terror. And will be expected of them at this time.

FINALLY:

Every effort must be made to expedite the closure of Guantanamo Bay prison facility, within the first two years of President Barack Obama's administration.

Derryck S. Griffith.
Educator-Advocate & Blogger.