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Yes. The fundamental principles of legal certainty and prohibition of retroactivity is something I am not willing to give up on.
If I was a lawyer, and you had me classified as POW, I would argue that you had me classified wrongly, and argue for their release.... if you had me classified as a "common criminal" I would argue against thatas well, for their release!!
Its really a no win situation... except if they dont get a lawyer as POW.... but like you said, then they cant torture them!!!! ;)
I guess we basically have to agree that what we disagree on if it is okay to make a new classification or not.... we are arguing yes, you say no, simple as that.