On 4 May 2004 08:59:06 -0700, (Fred the Red
Shirt) wrote:

Peter H Proctor addresses a different issue, that
of the status of the detainees ate Guantanamo Bay
...
http://www.globalissuesgroup.com/gen...nvention3.html

Geneva conventions

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:........

(2) Members of other militias and members of other volunteer corps,
including those of organized resistance movements, belonging to a
Party to the conflict and operating in or outside their own territory,
even if this territory is occupied, provided that such militias or
volunteer corps, including such organized resistance movements, fulfil
the following conditions:[ (a) that of being commanded by a person
responsible for his subordinates; (b) that of having a fixed
distinctive sign recognizable at a distance; (c) that of carrying arms
openly; (d) that of conducting their operations in accordance with the
laws and customs of war.


There are several other categories of POWs but the paragraph you
cite above does seem to be the most relevent to the AL Queda
fighters captured on the battlefield in Afghanistan.

No. It directly applies to "insurgents" Sic: "including those of
organized resistance movements, belonging to a Party to the conflict
and operating in or outside their own territory, even if this
territory is occupied,....."

It would
appear that they qualify as POWs. The only sitcking point might
be the part about 'having a fixed distinctive sign recognizable
at a distance;' but given that our troops in camos do not, we
had better not push that point too hard.

A unifomed soldier in a formal military unit qualifies
automatically under section 1. Section 2 gives irregular forces POW
status, but only if they are identifiable as combatants.

In any event, and this is a major point Mr *MORT* has missed,
torture is wrong.

True, torture may be wrong, but unless the combatants qualify
as POW's, the Geneva conventions don't hold for them, although other
international conventions may. Thus, e.g., you can still shoot
spies. And yes, prisoners are supposed to get some sort of hearing
to determine their POW status.

PHP