But the Geneva Convention also defines what a combatant is.
Note that Bush said the tribunal can also apply to people who gave assistance to the terrorists or anything like that.
We've never tried doctors and nurses before, but this will allow us to start.
"Also, I'd have to check, but I'm pretty sure that a tribunal is not just a sentencing of a known criminal, but a trial in it's own right."
That is true.
As we did in Nuremburg.
But we didn't do it in secret.
"With proper oversight (usually a neutral country's representative), it should be as fair as a criminal court case can be without all the nasty little loopholes that bind those cases."
Ah, but such "proper oversight" has not been proposed, has it?
Again, in Nuremburg, we had multiple countries, in the open.
"More importantly, as the author mentions in the article, it can be performed without concern for terrorist reprisal."
Ummm, exactly HOW is that?
And don't tell me "because it is".
Tell me how holding a secret military tribunal will stop terrorists from hitting other targets. Or taking other prisoners? Or doing ANYTHING differently than they are doing now?
"1.How do we set up a jury of bin Laden's peers?"
Ummm, the way we do now?
"2.What's the potential that the jury picked might be pre-biased against him given the information broadcast continuously on the news?"
Probably pretty highly.
Oh, or did I say that it would be easy to do?
I suppose you'd have to allow a larger than usual pool with more latitude regarding dismissals.
"3.What's the potential that the jury might be influenced by the threat of terrorist action?"
Simple. Don't release the names of the jurors.
"4.What's the potential that an effective/sleazy lawyer could get him off on a technicality and defeat the whole purpose of this war on terrorism"
Ahhhhh, the crux of the issue.
You don't have confidence in your own legal system.
Either that, or you don't have confidence in the government's ability to build a case.
Too bad.
"And yes, because they haven't distinguished their "combatants" from their "non-combatants", the deaths of their non-combatants are considered as part of their crimes under the laws of armed conflict."
Huh? Because they don't wear uniforms, their civilians that we're killing are part of their "crimes"?
Are you sure you read that correctly?