Don Pearce wrote:

Torture of unlawful enemy combatants does not violate any of the
Geneva or Hague conventions - the conventions and protocols are
silent on the subject. You really should learn before you speak.


Article 3 of the third Geneva Convention states -

................

In the case of armed conflict not of an international character
occurring in the territory of one of the High Contracting Parties,
each party to the conflict shall be bound to apply, as a minimum, the
following provisions:

1. Persons taking no active part in the hostilities, including members
of armed forces who have laid down their arms and those placed hors de
combat by sickness, wounds, detention, or any other cause, shall in
all circumstances be treated humanely, without any adverse distinction
founded on race, colour, religion or faith, sex, birth or wealth, or
any other similar criteria.


Agreed. But we're not talking about non-combatants or soldiers who have
surrendered. Non-combatants include medical personnel, truck drivers, civil
construction workers, entertainers(!), and others who support the war effort
but do not bear arms. Soldiers who have laid down their arms are obvious.
These, and others, are legitimate prisoners of war to whom the Geneva
convention applies.

In the case of warriors on the battlefield, there are two kinds: lawful
enemy combatants and unlawful enemy combatants. To be considered a member of
the first group, an individual must possess all of four distinct
characteristics:

1. He must be wearing a uniform or distinctive badge.
2. He must be part of a responsible chain of command.
3. He must carry his arms openly.
4. He must abide by the rules of war.

If any of the four is missing,* the individual is an unlawful enemy
combatant and NONE of the conventions or rules of war apply. Within this
group are spys, saboteurs, guerrillas, fifth-columnists, and the like. Since
time immemorial, they have been shot out of hand. In sum, unlawful enemy
combatants are outside the basket of Geneva and Hague conventions and
protocols.

Our first unlawful enemy combatant was one Major Andre, caught behind our
lines, out of uniform, and carrying the plans for West Point.

Washington had him hanged forthwith.

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* There are some exceptions, such as the emergency mobilization of an armed,
civilian militia organized to repel an imminent invasion. This is probably
what Churchill had in mind when he said: "... we shall fight on the beaches,
we shall fight on the landing grounds, we shall fight in the fields and in
the streets, we shall fight in the hills; we will never surrender..."