US soldiers

By creating new rules, the US is jeopardising the right of US soldiers who may one day be PoWs. It will have no moral authority, should any other country try, convict and perhaps execute American PoWS.

International Law forbids trials of PoWs before Military Commissions, violation of the Convention may amount to War Crime.

Article 5 of the Third Geneva Convention clearly states that if there is "any doubt" as to whether those captured are prisoners of war, they must be treated as such "until such time as their status has been determined by a competent tribunal". Under Geneva Convention, PoWs must be treated by the same court and under same procedure, as US soldiers would be.

Assuming any of the Guantanamo detainees committed war crimes, they could be tried by court martial or civilian courts but not by a military tribunal. Bringing PoWs to trial in a military tribunal violates the convention.

Under Article 130 of the Convention , it is a serious crime, a "grave breach", to deprive "a prisoner of war of the right of fair and regular trial" required by the Convention.

It is alarming that their prisoner status seems to have been determined almost exclusively by the US administration. An independent tribunal should establish whether they are captives, prisoners of war or unlawful combatants.

The principal need is to observe standard of justice. One should deal with the root causes and ask what make people act in such extreme ways. Torture can never be justified and must be abhorred. These men are entitled to basic defence right and should be tried under the auspices of the UN. It is vital to uphold the international law for the protection of the innocent. One must remember, morality and pragmatism go hand in hand. Justice, and not revenge, should be the prime goal.