<How are Syrians, SA citizens or Chechans in Afghanistan covered (by the Geneva Conventions)?>
These 4 requirements for POW status apply to "militia operating independently of a government's regular armed forces": that they have a responsible command, carry their arms openly, wear uniforms with distinct insignia, and conduct their operations in accordance with the laws and customs of war. However, under the terms of Article 4(A)(2), these four requirements are not required for POW status for ""members of the armed forces of a Party to the conflict as well as members of militia … forming part of such armed forces." The key distincion, for a militia, is whether it is operating "independantly".
A "competent tribunal" should have decided who was a POW, and who wasn't. This tribunal should have operated openly, and decided on the basis of the rules in the Convention for making this decision. None of this was done.
Being a foreigner doesn't automatically mean they aren't POWs. What about the French Foreign Legion? Do you think they shouldn't be considered POWs, if they get captured? The Convention says they are still POWs, if they are part of organized military units, and fighting under the command of the government of a member State. That covers most of the foreign Taliban, who were in the Taliban's 55th Brigade.
Some of the Taliban, and most of Al Queda, would not be considered POWS, according to the Geneva Conventions. But not all. |
