To: Thomas M. who wrote (89195 ) 4/2/2003 1:32:33 PM From: Neeka Read Replies (1) | Respond to I took your advise and did a Google search.Under the Geneva Conventions, captured fighters are considered prisoners of war (POWs) if they are members of an adversary state´s armed forces or are part of an identifiable militia group that abides by the laws of war. Al-Qaeda members, who neither wear identifying insignia nor abide by the laws of war, probably would not quality. Taliban soldiers, as the armed forces of Afghanistan, may well be entitled to POW status. If there is doubt about a captured fighter's status as a POW, the Geneva Conventions require that he be treated as such until a competent tribunal determines otherwise. hrw.org globalsecurity.org redcross.org Clearly, a thorough investigation and analysis of relevant laws are needed before the status of the detainees at Guantanamo Bay can be established. And it is neither the task of the Department of Defense nor of any international organization to determine the legal status of the prisoners; according to the most prevalent interpretations of the Geneva Conventions, they have the right to be heard by an independent judge to have their POW status granted or denied. Such hearings, which would have to begin promptly to settle intensifying disputes, would assure U.S. allies and human rights groups that fairness ruled over the decision and that the United States heeded to international law in determining the fate of the prisoners. cdi.org
