To: Hawkmoon who wrote (751 ) 12/19/2002 7:58:10 AM From: zonder Read Replies (2) | Respond to of 15987 Hi Hawk - This issue is beaten to death, of course, and I do remember these questions answered a while back by a guy who knew significantly more about me than the Geneva Convention. However, you might like to look at the link below for a summary of how there could be a POW issue, as I have said in the previous post:justiceonline.org As detailed below, the United States does not have the authority to unilaterally declare prisoner combatants to be outside of the protections of the Geneva Convention's prisoner of war provisions. Article 4 of the convention defines the categories of persons who may be considered as "prisoners of war." According to Article 5 , "should any doubt arise as to whether persons, having committed a belligerent act and having fallen into the hands of the enemy, belong to any of the categories enumerated in Article 4, such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal." No competent tribunal has adjudicated whether or not the prisoners taken are or are not prisoners of war. Under the terms of the Convention, each prisoner is entitled to the benefits of the P.O.W. provisions unless and until the prisoner has been found to be outside the applicable defintion. The determination needs to be made on an individual basis, as circumstances may differ for each prisoner. So you see, I am not incorrect in saying that there could be a POW issue. If you like, I can try and dig up that discussion that addressed to your points. It had to do with the Article 4, where one of the categories of POWs are: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. All Guantanamo prisonser could be in this second part of volunteers fighing for a party to the conflict. Then again, I will let legal people fight this out. Still, Article 5 is VERY clear that IF there is ANY doubt on whether or not a prisoner is a POW, "such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal". Does that mean any bank robber who "declares war" on the US should be treated as a POW?? Please. You know the present situation is a wee bit different than a bank robbery <g> Besides, the Geneva Convention does not apply to petty crimes.