Anybody associated with the American forces. “Hey Sarge! This guy says he’s just a civilian who’s never fought against us in his life! Tell the JAG we need another tribunal.”
What presumption? We capture a guy. We believe he’s an al Qaeda fighter, what with the tapes of Osama in his back poket and the fact that he’s a Saudi citizen despite being captured at an al Qaeda training camp in Afghanistan. He says nothing to indicate to the contrary, so he remains a prisoner. He only gets a tribunal status determination . . . wait for it . . . “should doubt arise” as to his status. That’s not a presumption–that’s just how the Geneva Convention works.