No, they're illegal combatants. Even then they don't have rights that you extend to civilians.
Are german saboteurs soldiers? No they're not.
They still don't have a right to habeas corpus. Those are called illegal combatants.
Extra national Terrorists are the same thing. Illegal Combatants. They have the same rights and are subject to the same laws, in a military court as spies and saboteurs are.
Soldiers can be held by a detaining power until the end of the war. If the war takes 50 years that's legal. Usually they get paroled after a point but the detaining power releases them when the opposing power negotiates those terms of release. Unconditional surrender can mean those prisoners stay detained until the detaining power decides to release them. They don't automatically get freed at the end of the war the day the armistice is signed.
Even NON soldiers, who aren't illegal combatants can be detained, and held as citizens of a foreign power. It's house arrest and they have certain rights but habeas corpus isn't one of them.
That's all established US law and established International law under the Geneva Conventions.
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momijizukamori
no subject
Date: 2008-02-29 12:24 am (UTC)Are german saboteurs soldiers? No they're not.
They still don't have a right to habeas corpus. Those are called illegal combatants.
Extra national Terrorists are the same thing. Illegal Combatants. They have the same rights and are subject to the same laws, in a military court as spies and saboteurs are.
Soldiers can be held by a detaining power until the end of the war. If the war takes 50 years that's legal. Usually they get paroled after a point but the detaining power releases them when the opposing power negotiates those terms of release. Unconditional surrender can mean those prisoners stay detained until the detaining power decides to release them. They don't automatically get freed at the end of the war the day the armistice is signed.
Even NON soldiers, who aren't illegal combatants can be detained, and held as citizens of a foreign power. It's house arrest and they have certain rights but habeas corpus isn't one of them.
That's all established US law and established International law under the Geneva Conventions.