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Trying the terrorists; New courts may be needed.

Publication: The Washington Times
Publication Date: 12-SEP-05 		Format: Online
Delivery: Immediate Online Access
Full Article Title: Trying the terrorists; New courts may be needed.(OPED)

Article Excerpt
Byline: David B. Rivkin Jr. and Lee A. Casey, SPECIAL TO THE WASHINGTON TIMES

The United States has a system in place for reviewing the status of detained enemy combatants, periodically considering whether or not they should be freed and prosecuting them for violations of the laws of war when appropriate. They are not in a legal black hole. At the same time, the system is not well equipped to deal with individuals who are not captured fighting against American forces overseas in a combat situation. Although, as the Supreme Court held in the World War II Nazi Saboteur case, Ex parte Quirin (1942), al Qaeda operatives captured in the United States can be detained and/or prosecuted before a military commission, the legal status of individuals becomes less clear the further their role is...

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