Malcom "Mal" Reynolds wrote:
In article ,
"HeyBub" wrote:

Malcom "Mal" Reynolds wrote:

I stand by that: by definition any American Citizen who served in an
enemy military and held in an American POW camp would be guilty of
Treason. Since there were no indictments or trials for Treason
during the war, it stands to reason that no American citizens were
captured and/or held in these POW camps

Treason is a criminal offense. These foreign soldiers were not
criminals. You'll note that not any were tried for murder or
attempted murder for shooting at our troops on the battlefield.

The laws of war are different from the criminal laws; the two
systems have different offenses, different rules of evidence and
procedure, different standards of proof, and different appellate
procedures. Under the usual and customary laws of war, the accused
is not entitled to a lawyer, an indictment by a grand jury, a jury
trial, compulsory process for obtaining witnesses, or the right to
remain silent. All these we guarantee to CRIMINAL defendants, but
not necessarily to others (unlawful enemy combatants, juveniles, the
mentally ill, contagious disease carriers, civil contemptors, and
others).

In other words, not everybody who does a nasty thing is subject to
criminal law.

Treason is treason. Anyone who commits actions to help a foreign
government overthrow, make war against, or seriously injure the
[parent nation]." It is inescapable that an "American Citizen" in the
German Heer, Luftwaffe or Kriegsmarine would qualify. The articles in
the constitution make no distinction for military personal versus
civillians, so your point is irrelevant. No law of war covers
Treason. None.

Anyone accused of Treason would be accorded all of the benefits of
the CRIMINAL courts.

No one in the US was charged with Treason, therefore no American
Citizens were in American POW camps...unless you think the entire
military and civilian justice system had no interest in Traitors.

Right. No POW was accused of treason in the U.S. It was not because they
didn't commit acts that could be defined as treason, it was because of the
President's Article II powers. Several American citizens were convicted of
treason during the War. They we
* Herbert Haupt
* Martin Monti, Air Corps pilot, captured while serving in the SS
* Robert Best
* Mildred Gillars
* Tomoya Kawakita