It would be the representative's job, in an adversarial process, to poke holes in the government's case that the detainee committed an act of combat.
If the detainee is, by this process, found to be an actual enemy combatant, you let him be held, with periodic reviews of his status by something like a parole board that determines whether he still has intelligence value or is a threat of returning to combat if released.
no subject
If the detainee is, by this process, found to be an actual enemy combatant, you let him be held, with periodic reviews of his status by something like a parole board that determines whether he still has intelligence value or is a threat of returning to combat if released.