HeyBub wrote:
Douglas Johnson wrote:
Jim Yanik wrote:

BTW,enemy combatants do not get Geneva protections,nor ordinary civil
criminal treatment.For GOOD reason.
The 4th Geneva Convention defines the protections that must be given
to ALL persons that come into the hands of a signatory to the
convention.

Not so. The 4th is silent on unlawful enemy combatants.

Even POWs are HELD until the war is over,without charges or trials.
Ununiformed enemy combatants CAN be executed at any time.
The 3rd Geneva convention defines the term "prisoner of war" and the
protections that must be provided to same. A uniform is NOT required.

Not so. The 3rd actually defines "lawful enemy combatant" as possesing the
four following characteristics:

* Appears in uniform or wears a distinctive emblem
* Carries weapons openly
* Adheres to a specific chain of command
* Follows the customary rules of war

Anyone engaged in combat NOT possesing ALL FOUR of the above is NOT a
"lawful enemy combatant" (with some well-defined exceptions such as a
hastily organized militia) and are not entitled to the protections of POW
status.

"Prisoners of War" include captured lawful enemy combatants, fighters hors
de combat, medical personnel, construction workers, supply and factory
workers, and others aiding the war effort.*

The "customary rules of war" allow a belligerant to treat those who are not
"lawful enemy combatants" in any way they see fit. While we may think it
awful that the Germans summarily shot resistance fighters, the Germans were
within their rights to do so. Americans were not much different; our first
captured "unlawful enemy combatant," Major John André, was hanged by order
of George Washington.

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*Aside: We had literally hundreds of thousands of German and Italian POWs in
the United States during WWII (there were about 20 POW camps just in Texas).
Many POWs were Americans (think dual citizenship). Not one got access to our
courts.

Some German POWs were not repatriated by Britain until 1948. Some German
POWs were NEVER repatriated by Russia.


Well, their basic elements were returned to Mother Earth.

TDD