Rumsfeld, which found that enemy combatants were entitled to the protections of international law.
American officials have said that al-Qaeda operatives should be treated as enemy combatants wherever they are.
But as a matter of policy, "Military tribunals are the proper venue for enemy combatants, " he said.
President Reagan repudiated Protocol 1 in 1987 because it vitiated the distinction between lawful and unlawful enemy combatants.
It would seem that the Obama administration will do whatever it takes to avoid gathering intelligence from enemy combatants these days.
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The military has classified those like Zaeef as "enemy combatants, " although the Justice Department in March said it would dispose of that classification.
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Well, just this weekend, former Secretary of State Colin Powell urged that the Guantanamo Bay facility for holding enemy combatants should be closed immediately.
The legal basis to detain enemy combatants under the law of war remains the same, meaning they can be held until the end of hostilities.
They detect motion caused by enemy combatants and their bullets.
They are enemy combatants held in a war authorized by Congress.
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Four justices concurred with her that Congress had implicitly authorised the Bush administration to hold enemy combatants when it authorised force in the war on terrorism.
Military Commissions remain an appropriate forum for detainee trials - This legal system has historically been used to try enemy combatants in wartime, dating back to the Revolutionary War.
Speaking to National Review, Brown's chief political strategist Eric Fehrnstrom said that "terrorism and the treatment of enemy combatants" was a "more potent issue" for Massachusetts voters than health care.
But in the Hamdi case, a similar case, they said, Look, American citizens grabbed and called enemy combatants have some kind of rights to have their claims heard by a neutral decision maker.
Three other judges also agreed that Mr Hamdi had such a right but went further in rejecting that the government had Congress's authorisation to classify prisoners as enemy combatants and thus detain them without trial.
Tim Lynch, who directs the Cato Institute's Project on Criminal Justice, says if the Supreme Court does not take the case, the government's controversial legal position on enemy combatants will stand, at least until the next enemy combatant case.
Earlier this month two military judges dismissed charges against Hamdan and another detainee, on the pedantic ground that administrative tribunals had designated them enemy combatants, not unlawful enemy combatants--notwithstanding that they clearly meet the Military Commissions Act's definition of unlawful combatants.
Congress won't let him into the United States unless he is going before a criminal court, and the administration will not send him to Guantanamo despite the legitimate claim that a nation at war has the right to detain enemy combatants without trial.
But while individual drone strikes are a justified and often desirable tactic, they cannot fully substitute for a coherent military detention policy that provides for detaining and gathering intelligence from enemy combatants during hostilities and then trying them in a venue suitable to the wartime circumstances of their capture.
Just as Egypt brokers a truce between Gaza militants and Israel, a new study is released suggesting that stereotyping an enemy as uncompromising discourages combatants from successfully negotiating peace.
Rather, it sought to distinguish those precedents as limited to situations in which combatants are either apprehended on a conventional battlefield or working for a conventional enemy.
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