Not that it matters much now, but I came across this bit of WWII history. I can only assume these precedents are valid and were considered in the recent Military Commissions. I don't think US or international law had materially changed in the intervening years. But the influence of the vocal Left in this country has certainly increased. Thus, we find that was once perfectly within the bounds of the Constitution, the Geneva Convention and the Laws of War is suddenly, by judicial fiat, no longer so. And Mr. Obama will have to find his way out of the corner his compatriots on the Left painted President Bush. Will they give him a pass they refused to give Mr. Bush? Will he fold like a cheap card table and release the criminals in Guantanamo back to their "units" in Afghanistan and Pakistan? The world - and the Soldiers fighting in Afghanistan - await the outcome.
http://www.ess.uwe.ac.uk/wcc/dostler.htm
Anton Dostler was accused of having ordered the shooting of fifteen American prisoners of war in violation of the Regulations attached to the Hague Convention Number IV of 1907, and of long-established laws and customs of war. A plea was made to the jurisdiction of the Commission by his Counsel, on the grounds, first, that the accused was entitled to the benefits of the Geneva Prisoners of War Convention of 1929 in the conduct of his trial, and, secondly, that the Commission had not been legally established. These arguments, and the plea of superior orders later put forward on Dostler’s behalf, were rejected, and he was condemned to death.
"German Gen. Anton Dostler is tied to a stake before his execution by a firing squad in the Aversa stockade. The General was convicted and sentenced to death by an American military tribunal. Aversa, Italy." Blomgren, December 1, 1945. 111-SC-225295. (ww2_171.jpg)
http://archives.gov/research/arc/topics/genealogy/
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