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The government does determine whether someone has committed a criminal offense through the process of a trial. This applies to all criminal acts.

Added: In the case of Al Qaeda, (and other persons or groups declared to be enemy combatants) the rules and laws of warfare do not apply to civil courts.

As of 12/2011, this is an ongoing theme with the current Attorney General's (Robert Holder) Department of Justice, and the Obama Administration, who's view seems to be that war criminals should be tried in civilian courts.

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Q: Why isn't the government normally allowed to determine whether someone is a criminal and does that reasoning apply to the case of alleged al qaeda members?
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