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11-25-2009, 01:41 AM #18
Senior Member
Khalid Sheik Mohammed Gets Civilian New York Court
I see Prisoner of War mentioned a lot!!
Prisoner of what War? The neverending War on Terror?
They have never had the protection of POW status as outlined in the Geneva Convention.
These guys are common criminals!!!
Mass Murderers!!!
They don't deserve POW status.
Read it here
Are Al-Qaida Prisoners of War?
What International Law Says
The principal conventions governing prisoners of war are the Hague Convention of 1907 and the Geneva Convention of 1949. U.S. policies are spelled out in The Law of Land Warfare, Army Field Manual FM 27-10.
The Hague and Geneva Conventions lay out four criteria defining prisoners of war. This is a direct quote.
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.
The conventions further stipulate:
That guerrillas and resistance movements are entitled to treatment as prisoners of war provided they fit the four criteria above.
That if a populace spontaneously rises up in defense of its territory without having time to organize formally, they are still entitled to treatment as prisoners of war provided they meet criteria c. and d.
That persons whose status is in doubt enjoy the protection of prisoner of war status until their status is determined by a "competent tribunal."
They are not prisoners of war, but are to be given the same treatment until their status is determined.
If Al-Qaida had never attacked the United States, but had merely fought us in Afghanistan, they would probably be entitled to the status of prisoners of war. But in its operations against the United States, Al-Qaida fails all four tests. While Al-Qaida has a chain of command, it does not accept responsibility for the actions of its operatives (or more to the point, considers any act that harms Americans legitimate). Open operations and conduct of operations in accord with the laws of war hardly need comment.
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