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The guys in Gitmo were captured on the battlefield so the alternative is that they could be dead.

But let's focus on the lack of process in taking them captive instead of just killing then.



There are international treaties about handling prisoners of war. The thing is that US found a loophole not to admit that they are prisoners of war. What US did is similar to what their enemies like Taliban do.


The US didn't "find a loophole." Prisoner of war protections under international treaties only apply to state participants, meaning members of a state army.

Terrorists and other non-sanctioned armed forces are not protected by treaties between states because they are not fighting on behalf of a state. This is a recognized and intended exception to the rules governing POWs.




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