Once More On Preventive Detention
This post from Liza Goitein of the Brennan Center for Justice guestblogged at Balkinization is a very good explanatory of why the issue is such a difficult one in current times. The key graf for me:
The U.S. thus has authority under domestic law to apply the same detention rule that the law of war establishes in international armed conflict. The problem with this arrangement is that the rules that apply in international armed conflict are a poor fit for the war we’re actually fighting. Wars against other nations differ from wars against irregular forces, and those differences are at least intuitively understood by the American public and the rest of the world.
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