[Infowarrior] - US judge to decide what is meant by 'enemy combatant'

[Richard Forno]

US judge to decide what is meant by 'enemy combatant'
AFP
Published: Thursday October 23, 2008

http://rawstory.com/news/afp/US_judge_to_decide_what_is_meant_by_10232008.html

A federal judge held a hearing Thursday on the meaning of "enemy  
combatant," which the US government uses to justify holding suspects  
indefinitely without charge, as six Guantanamo prisoners were readied  
for trial.

Government and defense lawyers squared off on whether an enemy  
combatant is someone who participates in or supports terrorism, a  
crucial question since the six suspects were arrested in Bosnia for  
alleged links to the Al-Qaeda terror network.

One of the detainees allegedly spoke with an Al-Qaeda member by  
telephone, a charge his lawyers claim has not been substantiated with  
evidence, while the rest allegedly made plans to travel to Afghanistan  
in late 2001, after the September 11 attacks.

The six suspects have been held at the US naval base at Guantanamo  
Bay, Cuba, some for almost seven years, without any legal recourse  
until the US Supreme Court in June ruled that they have the right to  
challenge their detention in civilian court.

Their trials are due to start in November.

At the start of the hearing, US District Judge Richard Leon wondered  
how the Supreme Court arrived at its June ruling without providing a  
definition for enemy combatant in the first place.

Attorney Mark Fleming, who is defending Algerian Lakhdar Boumediene,  
argued that international law establishes the "relevant standard" for  
enemy combatant, as somebody who takes "direct participation" in  
hostilities.

He said the United States started "extending the definition" after the  
September 11, 2001 attacks.

Government lawyers responded by saying the term applied to anybody  
planning to join the combat, and stressed the United States was  
fighting enemies who did not respect the laws of war.

"The petitioners say we captured them too soon," before they could  
actually engage the United States in battle, the government lawyer  
added.

The judge is expected to issue his definition of enemy combatant on  
Monday, although he cautioned it still may not resolve the issue,  
since the term appeared broad in scope.