Federal Judge Says Guantanamo Military Tribunals Unconstitutional

Of course, but make no mistake about the subjective nature of the current legal system with the mountain of president to draw from.

In any case, if they are not tried, how are they determined to be terrorist?

they don't need to be tried to be considered a terrorist...they were caught while in arms against the coalition, summarily making them a terrorist.

Originally posted by Yeticha
they don't need to be tried to be considered a terrorist...they were caught while in arms against the coalition, summarily making them a terrorist.

Care to go into any more detail?

what other detail is there? if they were part of the iraqi army or republican guard they were given the protections of the geneva convention. these other people in civilian clothes randomly attacking the troops are not regular army or any other kind of government sponsored group.....they get no protection because of that....if they don't want to be hauled off and interrogated they have the choice to stop being a terrorist and go do something productive for their country

Originally posted by Yeticha
in civilian clothes randomly attacking the troops are not regular army or any other kind of government sponsored group.....they get no protection because of that

This is not fully correct. International laws, even the ones that the US is party to, state that resistors under occupation still have certain rights. The US apppears to be obeying those most basic rights. Nothing says that members of a resistance to legitimate occupation have a right to the occupiers own civilian's citizens legal system tho.

compared to the way other countries deal with terrorists i believe the terrorists we catch are lucky.....it is well known that we do not torture the people. we send them to another country and let someone from that government do the torturing

Originally posted by Yeticha
the terrorists we catch are lucky

Undoubtedly. Hell, some of them are probably better off in gitmo than they were in afghanistan.

we send them to another country and let someone from that government do the torturing

Usually, yes, tho I have to say that water boarding should probably be considered out and out torture. Not 'we're going to put your testicles in a vice' torture, but certainly far beyond 'now stand in the corner on one leg until you are sorry' 'torture'.

i simply do not care if the usa does anything including torture in order to save lives....the more pussyfooting around we do with the terrorists the more chance the knowledge they have could do us and their own people harm