Bushwackers and Terrorists: Combatant Status Policy in the Civil War and Global War on Terror

The presidential decisions made in the difficult days following 9/11 reflected a resolute determination on the part of the Bush Administration to pursue an elusive foe, an enemy unlike any the United States had faced as a nation before. One of these decision was to treat Taliban and Al-Qaeda fighters captured during Global War on Terror (GWOT) operations as illegal combatants, thus not legally entitled to the protections afforded by the Geneva Conventions, and by extension, Prisoner of War (POW) status. This project analyzes U.S. policy on GWOT combatant status by comparing it with Union policy covering the Guerilla fighters in the Border State region, particularly Missouri and Kansas, during the American Civil War. The study asserts that both sets of policy were deeply flawed, and that certain atrocities committed during both conflicts are directly traceable to policy blunders. The paper traces the evolution of Union policy, followed by an analysis of the legal stance taken by the Bush administration regarding combatant status and interrogation techniques. Finally, the paper suggests actions to reverse the damage done by existing policy in hopes of returning to a higher moral ground. ; USAWC Strategy Research Project.