In the field of science when theory doesn’t fit the incoming data a new analysis is needed. This is when great insights are forced into being. This is when new theory is created. A better understanding is achieved when all the facts are in harmony.

So it is with law and political theory. Guantanamo was created to deal with the shadow world of non state terrorism. This terrorism actually evolved to avoid the strictures of nation state controls. No stretching os the current laws will square the circle here.

Te only answer is a new theory of law. The terrorists want us to say that we are not all equal.Rather the twist should be that those who use violence to destroy equality do not deserve equality in justice. What else is hell for?