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The US has been using this kind of logic since Sept 12 2001 (arc)
A lot more good information and history in that article, but the important point is that because they're not soldiers (i.e. lawful combatants), they don't get Geneva Convention protection, but because they're not criminals either they don't get due process protection either. It's a completely blatant and stupid way to just ditch all the humanitarian guardrails around government violence we spent the 20th century building, it was fucked 20 years ago and it's fucked today but we never held the people doing it accountable so here we are.