Terrorist acts are crimes of mass murder, not acts of war. Those acts are committed in the name of a group of fanatics, not in the name of official authorities representing sovereign states or its people. Whatever terrorists claim to fight for is not even shared by their own people. Terrorists are dangerous at home and abroad. That is an important difference to regular armies and has all similarities to regular criminal behavior. That makes terrorists "ordinary" mass murder's and criminals, but not soldiers or "combatants" for whom the laws of war are applied. Those terrorists commit their acts without declarations of war, without central command, without any defined "campaign objective". For terrorists therefore criminal law is the law of choice and criminal law means "habeas corpus". Nobody had declared war against the USA, when President Bush declared war against "terrorism", being very well aware of the fact that "terrorism" is a para military operation procedure, not a defined group of people to be attacked and defeated. Even the Strategic Studies Institute/US Army War College published a comment that such a war can neither be fought nor be won. Nobody can fight a war against a procedure. A procedure "exists" for eternity, its existence not being dependant from its application. If you have any doubts, then tell me who do you think can sign a document of surrender or a treaty of peace in this so called "war". Warfare requires a supreme command with the authority to start and to stop a war, one authority on both sides. That authority does not exist in those terrorist groups scattered all over the world and two times it does not exist in "terrorism". That all makes those terrorists bandits, criminals and murderers, but not soldiers. Regular criminals however are convicted by regular courts and all rights of the defendant must be granted to them . Otherwise the procedure is unlawful, the conviction is a crime. The misuse of a declaration of war against a procedure in addition is not the fault of the Guantanamo inmates. That pseudo war is a simple and obvious step towards totalitarianism by America's ruling class. Knowing that civil rights and freedoms during times of war can be restricted for a limited period of time, the clock was set to "eternity" by that intentionally flawed declaration of war. That situation is what every totalitarian ruler is dreaming of. The Guantamo inmates are the apes in the cage of the ruling class' zoo, the "Red Herring Brigade" to make stupid people at home believe that there still is a war. That makes the detention a crime against humanity, the Homeland Security and all connected acts are deliberate violations of the constitution with the criminal intention to nullify it completely. Nothing to be incarcerated for for eternity without any basic human rights and a valid trial. At least not for those being IN the cages of Guantanamo,
Guantanamo Bay detainees deserve the right to habeus corpus and should expect due process of the law. It is concerning as an American to see once again it will be recorded in our history books that a group of people, based on their ethnicity, religion or political views have rounded up like a herd and were sent to a detainment area until, through government processing, they are either formally charged and arrested or they found clear of suspicion and sent back from whence they came. Without actual evidence, according to our laws, detainment is more than shameful, it is wrong.
Yes,but they will not get that order. I think they are wrongly put in prison centers,but they can't as well be in a normal jail . I think they should have due cause just like the rest of us,but I do understand why they are not allowed to be paraded around a normal jail.
Habeus Corpus is simply the principle that stops the justice system from holding people without cause. I believe Guantanamo Bay detainees should be guaranteed habeus corpus. We're the United States, we shouldn't be holding people without cause, to do so is un-American. We should be fair with the people of the world, just as we say we are fair to each other.
No, Guantanamo Bay detainees should not be granted habeus corpus, because the war is not over yet. By declaring war on the United States of America, a person takes themselves out of the protections of the constitution. Even though it is a long war, we are right to hold them until the war ends.