This Comment argues that the Combatant Status Review Tribunals were not competent to deny Prisoner of War status because they were charged only with identifying enemy combatants, a broad category that by its own terms includes many POWs. Given the substantial overlap between the definitions of "enemy combatant" and "POW," a CSRT's affirmative enemy combatant determination actually supports a detainee's POW status. Thus, even after their enemy combatant status has been adjudicated by the CSRTs, Guantánamo detainees should still be treated as presumptive POWs.
Joseph Blocher, Combatant Status Review Tribunals: Flawed Answers to the Wrong Question, 116 Yale Law Journal 667-674 (2006)
Library of Congress Subject Headings
Prisoners of war--Legal status laws etc., Geneva Conventions (1949 August 12), Guantánamo Bay Detention Camp
Available at: https://scholarship.law.duke.edu/faculty_scholarship/2006