PershingOfLSU
Active member
They are tried according to Taliban laws.
Those serving in a Taliban regular army unit or militia and captured while openly bearing arms or in uniform can only be tried for war crimes. However, most of the detainees don't fall into this category. Someone who shoots at United States soldiers while neither openly bearing arms or wearing a uniform can be tried for attempted murder of murder should they have succeeded. If they were attempting to gather informaiton about allied operations then they can be tried for espionage and according to the Geneva Convention, executed. If they were captured for taking part in a terrorist operation outside of the country of capture then it gets more complicated. However the Geneva convention does provide for the execution of civilians involved in serious acts of sabotage. As long as the pre-invasion penal code allowed for it.
Those serving in a Taliban regular army unit or militia and captured while openly bearing arms or in uniform can only be tried for war crimes. However, most of the detainees don't fall into this category. Someone who shoots at United States soldiers while neither openly bearing arms or wearing a uniform can be tried for attempted murder of murder should they have succeeded. If they were attempting to gather informaiton about allied operations then they can be tried for espionage and according to the Geneva Convention, executed. If they were captured for taking part in a terrorist operation outside of the country of capture then it gets more complicated. However the Geneva convention does provide for the execution of civilians involved in serious acts of sabotage. As long as the pre-invasion penal code allowed for it.