The first president Bush, of course:
Even if KSM stands accused of war crimes, it doesn't necessarily follow that he should be put before a military tribunal. The War Crimes Act, passed by Congress unanimously in 1996, gives federal civilian courts jurisdiction to prosecute grave breaches of the Geneva Conventions in wartime -- in other words, war crimes. Sen. Lindsey Graham, who is leading the Republican fight against civilian trials, says that the United States has never put combatants captured on foreign battlefields in civilian courts. That is flat wrong. The George H. W. Bush administration did that to Gen. Manuel Noriega, head of the Panamanian armed forces who was captured during the U.S. military invasion of Panama. Noriega demanded the right to be tried by fellow officers in a military court. The Bush administration conceded that he was a prisoner of war, but tried him before a civilian court anyway to drive home the point that he was nothing more than a drug trafficker.
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