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Originally Posted by TheAngryPostman
And Tal, The Geneva Conventions specifically states what the defining marks of an enemy combatant are and who may be covered by the Geneva Convention.
As I stated in my earlier post, that as terrorists and not soldiers, they are not afforded Geneva Convention Rights. No uniforms, no insignia, no overt state endorsement, and no differentiation between civilian & military targets.
If they were identified as soldiers with the Iraqi Republican Guard or something, it would be entirely different.
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The Geneva Convention
The US is involved in a conflict that they call War on Terrorism. Prisoners of that war are prisoners of war.
One party of the conflict are the imprisoned Terrorists (if someone confirms the element of terrorism on them). The Terrorists are armed.
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Originally Posted by The Geneva Convention Article 4 regarding status of who may be protected under The Geneva Convention as a POW(prisoner of war)
Art. 4. A. Prisoners of war, in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy:
(1) Members of the armed forces of a Party to the conflict, as well as members of militias or volunteer corps forming part of such armed forces.
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Point (1) to become POW under the Geneva Convention is achieved. No need to have uniforms, insignia, or overt state endorsement. There are no conditions to lose this status by violate law and making no differentiation between civilian & military targets.
The legal position is not difficult. No matter what we personal might think what should happen to them.