Following the September 11, 2001 terrorist attacks, the United States began fighting the so-called “War on Terror” against groups such as the Taliban in Afghanistan and the Al Qaeda terrorist network throughout the Middle East. The unique circumstances of this war, specifically that it was not fought against a conventional army but rather against terrorist groups that recruited fighters from all over the world, raised a number of questions of how captured combatants should be treated. The Supreme Court became involved in the issue after controversy arose over the U.S. holding captured combatants indefinitely at the Guantanamo Bay military base in Cuba without a trial. Throughout four cases in the 2000s, the high court granted captured combatants certain due process rights and limited the military and executive department from using their discretion in handling prisoners.
The Trump administration has recently considered sending several captured high-level ISIS fighters to Guantanamo Bay. There, they could be held for long periods of time without having a trial. While some believe that enemy combatants who are captured should not be given the same due process rights as U.S. citizens, others believe they should be granted a fair trial in a federal court and not be sentenced by a military tribunal.
What do you think? Should foreign combatants who are captured be given the same due process in federal courts as U.S. citizens?