My former colleagues David Rivkin and Lee Casey are running a five part series in the Washington Times called “The law and the war.” Their focus is on the legality of our treatment of those we have captured in the war on terrorism. The clarity that David and Lee bring to the subject is exemplified in the first sentence of today’s installment (Part Three):
The men detained at Guantanamo Bay, Cuba, are not in a legal limbo. They are held in accord with the traditional laws and customs of war, which permit captured enemy combatants to be held as long as hostilities continue.
They conclude, however, that while the current system offer a solid basis for processing enemy combatants, the president would be better off as a practical matter with congressional legislation codifying that basic system. Senator Specter, of all people is working on such legislation.
Here are Part One and Part Two of the series.