breastle screen for HLA Adventure Need help designing one 922

No charges does not equate to doubt. There can be many reasons not to lay charges.

Even if you considered the Geneva Conventions apply, there are issues:

AFAIK, ConIII Art4(A)(1) does not apply to the prisoners at Gitmo. Did they have ID cards as required by Art17? Were they in uniform and otherwise acting as offical armed forces? At best, they were:

ConIII Art4: Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfil the following conditions: (a) that of being commanded by a person responsible for his subordinates; (b) that of having a fixed distinctive sign recognizable at a distance; (c) that of carrying arms openly; (d) that of conducting their operations in accordance with the laws and customs of war.

But even then probably not (b) and (d). Then they slip to:

ConIV Art. 5 "Where in the territory of a Party to the conflict, the latter is satisfied that an individual protected person is definitely suspected of or engaged in activities hostile to the security of the State, such individual person shall not be enbreastled to claim such rights and privileges under the present Convention as would, if exercised in the favour of such individual person, be prejudicial to the security of such State."

Next para permits incommunicado for "spy or saboteur, or as a person under definite suspicion of activity hostile ... "

Of course! This is why no one in the Bush Administration or US armed forces has ever referred to the prisoners at Gitmo as PoWs. They won't give them that status. And it appears that without (b) & (d) above, they don't have to.

Well, this is still working it's way through US Courts.

-- Robert