On the recordJune 20, 2006
I appreciate the eloquent remarks of my colleague and his sharing of insight into Nuremberg and a number of thoughts that he shared with us about the rule of law, which I think is very important. I note that at Nuremberg they tried and executed quite a number of people who conducted their war unfairly, in an unlawful way and went beyond being prisoners of war. They were, in fact, tried for crimes that they had committed. I also say to my colleague with great sincerity that we are respecting the rule of law. These individuals that are caught and held at Guantanamo, some may qualify as a prisoner of war, many do not. They are what I have called--others used enemy combatants--unlawful combatants because they were carrying out combat in an unlawful way. They did not carry arms openly. They did not wear a uniform. They moved surreptitiously. They killed randomly women, children--actions that deny them the status of a lawful combatant and a prisoner of war. They are then held, if nothing else, certainly with legal protection because the Geneva Conventions cover people who are lawful combatants, who wage war for legitimate nations in a legitimate way.
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