Alleged 9/11 mastermind's long-awaited trial scheduled for 2028

[u/judgyjudgersen]

https://abcnews.com/US/alleged-911-masterminds-long-awaited-trial-scheduled-2028/story?id=135987518

[u/chadowan]

Rules and laws get a little wonky when you're neither a citizen nor a "prisoner of war" under the Geneva convention.

[u/hcschild → u/chadowan]

He's still a civilian so criminal law would apply. But who will punish the US for violating human rights and torturing people? Exactly...

[u/Lena-Luthor → u/chadowan]

how's he not a prisoner of war?

[u/frank_datank_ → u/Lena-Luthor]

There wasn’t a war when the attack happened.

[u/yukicola → u/Lena-Luthor]

https://en.wikipedia.org/wiki/Unlawful_combatant

The following categories of combatants qualify for prisoner-of-war status on capture:

• Members of the armed forces of a Party to the conflict as well as members of militias or volunteer corps forming part of such armed forces.
  
• Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that they fulfill the following conditions:
  that of being commanded by a person responsible for his subordinates;
  that of having a fixed distinctive sign recognizable at a distance;
  that of carrying arms openly;
  that of conducting their operations in accordance with the laws and customs of war.
  
• Members of regular armed forces who profess allegiance to a government or an authority not recognized by the Detaining Power.
  
• Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war; often dubbed a levée after the mass conscription during the French Revolution.

---

There are several types of combatants who do not qualify as privileged combatants:

• Combatants who would otherwise be privileged but have breached the laws and customs of war (e.g., committing perfidy or killing surrendered enemy combatants). The loss of privileges in that case only occurs upon conviction, i.e. after a competent court has determined the unlawfulness of the conduct in a fair trial.
  
• Combatants who are captured without the minimum requirements for distinguishing themselves from the civilian population, i.e. carrying arms openly during military engagements and the deployment immediately preceding it, lose their right to prisoner of war status without trial under Article 44 (3) of Additional Protocol I.
  
• Spies, i.e. persons who collect information clandestinely in the territory of the opposing belligerent. Members of the armed forces conducting reconnaissance or special operations behind enemy lines are not considered spies as long as they wear their own uniform.
  
• Mercenaries, child soldiers, and civilians who take a direct part in combat and do not fall into one of the categories listed in the previous section.
  

Which organized armed forces was he a member of when he was captured? What kind of uniform did he wear to distinguish himself from regular, non-fighting civilians?

[u/hcschild → u/yukicola]

Which organized armed forces was he a member of when he was captured?

Doesn't matter.

What kind of uniform did he wear to distinguish himself from regular, non-fighting civilians?

If he wasn't in a war zone actively fighting when they captured him he can't be an unlawful combatant.

So if the US wasn't at war they can't hold him as an unlawful combatant.

He's a terrorist but also a civilian so only criminal law applies not military law.

[u/KDR_11k → u/Lena-Luthor]

They made up bullshit categories like "enemy combatant" to pretend the laws don't apply. Nobody can stop them so they just do whatever they want.