They were clearly NOT military. Had they been clearly soldiers they'd simply have been put in POW camps. That is the obligation of signatories of the Geneva Conventions. They absolutely could NOT be tried for military operations while under the flag or in the uniform of one of the belligerents.

They were dressed in civilian clothing which according to the Geneva Conventions, removes the obligations of the Geneva Conventions. That is exactly why OSS and British agents in occupied Europe could be legally tortured and executed by the Gestapo, and many were. Those gestapo agents were acting under lawful orders of the period. The Germans captured in the USA were the equivalent of our OSS.

Now, fast-forward to GTMO.

The people being held there were not in uniform nor clearly under the authority of a legally belligerent country. Therefore, they have NO RIGHTS under the Geneva Conventions. They are not citizens of the USA so they have no inherent rights due to citizenship. It becomes the choice of USA how to treat those folks.

That decision concerning the enemy combatants captured overseas has followed a legal path through Congress and the courts and back to the courts again. As it should have done. Additionally, aliens captured in the USA have mostly NOT faced the military tribunal. Mostly they have ended-up in the court system and tried according to the laws of the land.

FDR did NOT follow that path. Illegal enemy combatants that we captured on our shores faced a military court and were executed. End of story and good riddance.

Bot