3.4.06

Supreme Court: Detainees' Rights — Scalia Speaks His Mind

Newsweek


During an unpublicized March 8 talk at the University of Freiburg in Switzerland, [Supreme Court Justice Antonin] Scalia dismissed the idea that the detainees have rights [to a trial] under the U.S. Constitution or international conventions, adding he was "astounded" at the "hypocritical" reaction in Europe to Gitmo. "War is war, and it has never been the case that when you captured a combatant you have to give them a jury trial in your civil courts," he says on a tape of the talk reviewed by NEWSWEEK. "Give me a break." Challenged by one audience member about whether the Gitmo detainees don't have protections under the Geneva or human-rights conventions, Scalia shot back: "If he was captured by my army on a battlefield, that is where he belongs."

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