During the war on terror, the White House has contended that the government can seize suspects, categorize them as “enemy combatants” and place them in indefinite legal limbo. The Supreme Court said Monday that the government must provide legal avenues to detainees, regardless of their citizenship, and that U.S. laws on the matter apply at Guantanamo Bay in Cuba. Theoretically, the government’s argument was similar to that put forth in controversial memos on torture: Waging a war on terror is paramount, thus the president can suspend any rights (or treaties) that he deems to be impediments. But, as the president himself has said, this war could last decades, so the suspension of legal rights could last as long. That’s an unacceptable position for a nation that considers itself a beacon of freedom. The ruling did not prohibit government forces from rounding up suspects, but it did say that at some point those suspects must be able to challenge their detention. The government needs to decide whether detainees are prisoners of war or common criminals. The administration argued that this war is different, thus the government could carve out a legally defensible category and hold terrorist suspects incommunicado and without any oversight. Said Defense Secretary Donald Rumsfeld: “They’re enemy combatants and terrorists who are being detained for acts of war against our country and that is why different rules have to apply.” The Supreme Court rejected the argument that the nature of war changes the legal principles guiding U.S. actions. Associate Justice Sandra Day O’Connor wrote: “It is during our most challenging and uncertain moments that our Nation’s commitment to due process is most severely tested; and it is in those times that we must preserve our commitment at home to the principles for which we fight abroad.” During war, it is tempting to view the United States as being at a disadvantage because we’re an open society. Tyrants aren’t held accountable. They aren’t pestered by defense attorneys, judges and the media. For short-term efficiency, why not ramp up presidential powers? After all, winners write the history, or so the argument goes. But that’s never been the case. How nations conduct themselves during war is remembered long after the final battle. Regardless of how the war on terror turns out, secret detentions won’t soon be forgotten. It’s been rumored for weeks that the court was going to rule against the government’s position. Since then, many detainees have been released, and the Justice Department has been put on notice that it needs to bring charges against the others. Such accountability is a triumph for democracy, not terrorism.