Falsely Accused Enemy Combatants!

November 08-2009:


Falsely Accused Enemy Combatants!

If someone was arrested or apprehended in a foreign country where the US & N.A.T.O. forces were or is fighting terrorism, with that government's approval of their presence there. Then, anyone who was actually involved in combat with N.A.T.O. or US troops while engaging in fighting terror. He/she would be brought back to the US or interned into any US base in that country, or abroad for questioning.

If it is determined that such arrests are unfounded, or no concrete evidence was unearthed that substantiate the allegations that he/she was indeed a combatant, then that individual must be set free. Or returned home to his country or to the country that he was arrested in.

Habeas Corpus:

In terms of habeas corpus for that individual. The US will say that a foreigner arrested in a foreign country, or on US shores or territories, is not qualified to be tried in any US Court Of Justice, because he/she is not a US citizen. But that does not prevent him/her from being tried in the country where he/she was arrested instead.

Could justice or the presumption of justice for these individuals be guaranteed in another country for their alleged crimes?

That is an open question. But the US and I presume N.A.T.O. are obligated to abide by the UN & Geneva Conventions which stipulate, that all combatants (uniformed or not), caught in any theater of war, his/her rights be respected under the UN Charter, regardless of whether he/she is guilty or presumed guilty of any war crime.

Could The Alleged Combatants Suit The US?

I guess he/she could file suit against the US or N.A.T.O authorities/governments if he/she feels that his/her Human Rights have been violated. And any suit can be filed in a Court Of Law.

But in the case of the US Judicial system, such a suit may not be entertained, because that person was not a US citizen at the time of arrest or incarceration.

And currently, under the Obama administration, a special Military Tribunal, conducted by the US military will be the forum where Innocence or Guilt is determined.

Derryck S. Griffith.
New York City.