More on GITMO and SCOTUS

Re:  In Response to the GWOT Being New Ground Because It Will Never End…And Our Recent Wars Have Been Short

We are on new ground in that there is no sovereign with which to do a prisoner exchange, which would typically be how prisoners go home during long conflicts. Plus, even if we could make some sort of prisoner deal with Al Qaeda (such as release on condition that they no longer fight, and if captured again they would be summarily shot), would we not be legitimizing and negotiating with terrorists?

I agree that our recent skirmishes have been short, but that is a very short view of history. Certainly there have been EPWs kept for many years such as in WWII, and internationally even longer:

Earlier this month, a delegation from the International Committee of the Red Cross visited some prisoners held by the Polisario and handed out blankets and medical supplies.

Almost 200 of the Moroccans still in captivity have been held for more than 20 years, according to the ICRC.



I don't know how long we kept prisoners captured during Vietnam, but our prisoners were kept for many years (I think 10 was the longest). Even McCain was held for 5 years.

One of the problems I see with this is that these people could have been killed outright on the battlefield with essentially no recourse. If we set up a system where soldiers know that enemies they capture may be released back to the battle because there was insufficient evidence to hold them, aren't they more likely to make sure that they never get the opportunity? The system as it is now is enforceable and workable for those at the sharp end of the stick.

The thing about the Geneva Conventions is that it makes sense: It never requires anything that would hurt the strategic interests of the US. By applying a new legal standard to those captured on the battlefield we are creating something that will harm the strategic interests of the US, and we are creating a requirement that cannot be met using any reasonable standards. If the standards are such that the military can meet them, then it is an exercise in futility because the prisoners will just be kept after the military states they were on the battlefield, and if it requires evidence that would meet some level of civilian or constitutional standard, it is unworkable and harmful to those who might otherwise be captured.