Quote:If they were enemy combatants we would have charged them by now right?
Charged them with what?
There is law,and the GC is quite clear,about how enemy POW's are supposed to be treated.
IF the people being held in Gitmo were actually soldiers,then the GC would apply,and they would be accorded the rights and priveleges that ALL captured SOLDIERS are allowed.
The operating word is SOLDIERS.
As I understand it,these people do not meet any of the GC requirements to be classified as soldiers,or to get the protections of the GC.
Since they were captured wearing civilian clothes,and since many of them are suspected of being "illegal combatants",they could be classified as partisans,guerilla fighters,spies,resistance fighters,etc.
Now,the GC does NOT give people that fit those classifications any protected status,neither does the US military rules of engagement.
Legally,these people can be shot,as happened during WW2,Korea,and Vietnam.
We havent done that to them (that I know of),so they are better off than if we used a literal interpretation of the rules.