The "Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010," introduced in both the Senate and House of Representatives, also says suspects should not be told they have a right to remain silent.
"Needless to say, we are at war, this bill recognizes that," Republican Senator John McCain, a lead author of the measure, told reporters.
"These are not common criminals, they are war criminals," said Independent Senator Joe Lieberman.
"Anyone we capture in this war should be treated as a prisoner of war, held by the military, interrogated for information that will protect Americans and help us win this war and then, where appropriate, tried not in a normal federal court where criminals are tried but before a military commission," he added.
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