Discuss Capt. Glenn Sulmasy's 'The National Security Court System'
Capt. Glenn Sulmasy of the U.S. Coast Guard Academy talks to U.S. News about his new book
At the center of the controversy surrounding the closing of the Guantánamo Bay detention center is what to do with the suspected terrorists once the prison camp shuts in January. Trying detainees before military commissions or in federal courts isn't the solution, argues Capt. Glenn Sulmasy, a professor of law and judge advocate at the U.S. Coast Guard Academy. In The National Security Court System, Sulmasy proposes a separate, hybrid court system, overseen by civilians, with detention, trials and hearings held on U.S. military bases. He recently spoke with U.S. News about his proposal, President Obama, and why appearances matter in the battle against al Qaeda. Weigh in on the discussion below, and don't forget to check out the interview in the latest issue of U.S. News Weekly.
Reader Comments
Prisoners of War
There is a problem with your idea, though. Calling the detainees POW's goes against the definition in the third Geneva convention- they must have a commander responsible for his subordinates (arguably OBL before Afghanistan invasion, but now AQ is composed of splintered cells of terrorists), bear arms openly, and bear a distinctive sign recognizable at a distance, and conduct operations in accordance with the laws of war. Obviously, terrorists are not soldiers, but rather, international criminals. In fact, this is the argument employed by most of your ideological companions.This is the difference between AQ and your German soldier in Fort Leavenworth.
The third Geneva convention was created to protect captured soldiers from criminal charges- they are not doing anything wrong, they are just soldiers.
Because they are not POW's, they are given the status of criminals. There is no third status, they are one or the other. We do in fact have an entire system created just for dealing with criminals, and there is no reason we shouldn't stick to our own laws.
Prisoners of War
In World War II enemy prisoners - those captured on the battlefield, as well as in the rear areas - were kept at installations all over the United States. I am a retired Army sergeant first class and fully support moving the Guantanamo Bay prisoners to U.S. soil and either holding them "until the cessation of hostilities" (which in this case would be when all of the terrorist groups give up their fight against the West), or until it is apparent that some one is being held illegally. This would entail the use of the current laws and rules of war. Like it or not Americans, this natio0n is at war - one that has been going on for a lot longer then September 11th, 2001. It was only that terrible late summer day that finally awoke the anger of a nation to do something about it. When a German soldier - now a POW - was transferred to a detention barracks at Fort Campbell, Fort Leavenworth, and countless other such places in 1942, he did not no how long he was to be held their anymore then the POW's at GITMO know do.
Let's call the GITMO "detainees" POW's and follow the rules and laws of war. Perhaps the rest of the world will change their perceptions on the U.S.'s persecution of this War on Terror (Yes, Mr. President - that is what this is), just a little bit in our favor.
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