We already treat them better than they treat us, but it goes back to the whole "it could be better" line. The only way the internation community, plus those at home who feel that the accused rights are being violated, is if their treatment is much better than the treat the US Soldiers currently receive from the government. Sorry, but all they need are three things: shelter, food and water. If they are a suspected terrorist, send them back to their home country. Enemy combatent or POW, keep them till we are done with Iraq, then send them to their country of origin.
If they actually were captured during fighting, I have no problem with them being treated as a POW.
But the first problem is that the majority in Gitmo were not captured during fighting, instead they were trying to get out of Afghanistan into Pakistan (can't imagine why anyone would want to flee a war unless they are terrorists [/sarcasm]), someone accused them of being with the Taliban for a reward (and no other evidence was needed, just the single accusation for money), etc.
The second problem is that we aren't treating them like POWs. Instead we've created a special category for them that strips most of their rights. We don't return them to the US because we know that if they were in the US these same constitutional protections would apply. And again, this isn't true if they were considered POWs, and treated as POWs; for example, many German prisoners spent WWII in the United States.
My problem is that the current administration didn't like the options and so tried to get around the Constitution.
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