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How many German or Japanese soldiers were given "due process" during WW2 prior to being held as POWs? In that case, if the person was wearing the uniform of an enemy combatent, then they were presumed to be the enemy, whether they were actively fighting or not.

In this case, there is no formal uniform - that makes it more difficult on us. We can't necessarily identify the enemy on sight. But, if the person is carrying a weapon and fighting US forces, then they are presumed to be the enemy. God help us if the lawyers have to become involved to pass judgement on who the enemy is.

If it looks like a duck, walks like a duck and quacks like a duck, maybe it's a duck. In this case, if the person is shooting at our soldiers, maybe the simplest answer is the correct one - he's an enemy soldier, and if captured, a POW.

Fletcher J

POWs? That's a very interesting idea. Do you think they should have the protection of the Geneva Convention? And how will we know when the war is over so that they can be released and repatriated? And if your answer to that last question is equivalent to "NEVER", then is it because they aren't really POWs or because this "war" can, by definition, never end?

if the person is carrying a weapon and fighting US forces, then they are presumed to be the enemy.

And if he's not? Would you object to public inquiry into whether a prisoner was actually carrying a weapon and/or fighting U.S. forces? Or to put it another way, why couldn't you be "detained" the same way, even if you were completely innocent?

In this case, if the person is shooting at our soldiers, maybe the simplest answer is the correct one - he's an enemy soldier, and if captured, a POW.

Or better yet, don't capture him. Make him a KIA