That_Guy
THINK TANK: CONSULTANT
In this case, POW doesn't apply. The US literally rewrote their own laws, because they didn't want to classify captured AQ and Taliban fighters as POWs, so they refer to them as "armed enemy combatants" a vague term that allowed the US to circumvent both their own laws of war, and the Geneva Conventions.I think she gets treated as a prisoner of war since she was captured on a battlefield. The rules are different between POW and civilian suspects tried under criminal law. The current controversy in Pakistan seems to be some people being tried in military courts. If Pakistanis in Pakistan are being tried in military courts, a Pakistani in Afghanistan battlefield definitely is eligible for military trial.
As such, Aafia didn't even get a trial based on military judicial doctrine, but was convicted in a secret trial where she was not allowed to present evidence to defend herself. Her trial was also conducted in a high speed manner, meaning it was likely a kangaroo court.
Was she a part of AQ or the taliban? It literally doesn't matter. Even the nazis were given a fair trial and allowed to defend themselves.





