The Monitor has a good article on the ongoing debate over the classification of the detainees at Guantanamo as “POWs” or as “unlawful combatants,” what each of those terms actually mean, and the more important question of what charges will be filed and how they can be proved.
So far, Defense Secretary Donald Rumsfeld has insisted the detainees are “unlawful combatants,” a designation usually reserved for mercenaries and spies rather than prisoners of war. Anyone designated a POW qualifies for additional protections under the Geneva Convention, which could make evidence-gathering more difficult.
[…] POWs can only be tried in the same forum as US military personnel – court martials. They’re also entitled to be represented by the attorney of their choice and appeal the decision of the court martial. In contrast, unlawful combatants can be tried in any of the three possible forums: civil courts, court martial or military commissions ….
The CSM article also points to an interesting resource page from the State Department on various legal resources (laws, treaties) related to the War on Terrorism.