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there are currently a few folks like Khalid Sheikh Mohammed. The interesting question is whether there is enough evidence not tainted by torture to try them. Contra stormy, there is no rule that suspects who have been tortured can't be put on trial, simply that no evidence derived from torture or evidence derived from evidence derived from torture can be used (the 'fruit of the poisonous tree' doctrine, which incidentally doesn't exist in Germany where evidence indirectly obtained through illegal means is valid)

The Taliban members who have fought against US or Afghan forces post 2002 could also be tried by the Afghan government since from an international law point of view they're members of a violent organization fighting against a sovereign government and allied forces who are there legally. The US could also keep them as POW's without trying them beyond ascertaining that they are indeed Taliban members.

by MarekNYC on Fri Jun 13th, 2008 at 10:31:08 AM EST
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