MARCH 2004
"We follow the geneva conventions on prisoners of war", US soldier......
photographs of IRAQ PoW, Resistance to Occupation: - unlawful combatant?
An American military pamphlet on the law of war provides this definition: An unlawful combatant is an individual who is not authorized to take a direct part in hostilities but does. ... Unlawful combatants are a proper object of attack while engaging as combatants. ... If captured, they may be tried and punished. As examples, the pamphlet mentions civilians who engage in war without authorization; non-combat members of the military, such as medics or chaplains, who engage in combat; and soldiers who fight out of uniform. In the Second World War, the United States captured eight German saboteurs who were out of uniform and executed six of them.
However, under the Geneva Conventions, it's up to an independent judge to determine the status of the "detainees," not whoever detains them. As well, Canadian regulations on prisoner-of-war status dictate that detainees must be brought before a military tribunal to determine whether they're prisoners of war or not.
Even if they are found to be "unlawful combatants," they still have rights under international law - not to be tortured, to humane treatment and to
a fair trial if charged with a crime.
Article 13 of the convention reads:
Prisoners of war must at all times be humanely treated. Any unlawful act or omission by the Detaining Power causing death or seriously endangering the health of a prisoner of war in its custody is prohibited, and will be regarded as a serious breach of the present Convention. In particular, no prisoner of war may be subjected to physical mutilation or to medical or scientific experiments of any kind which are not justified by the medical, dental or hospital treatment of the prisoner concerned and carried out in his interest.
Likewise, prisoners of war must at all times be protected, particularly against acts of violence or intimidation and against insults and public curiosity.
Measures of reprisal against prisoners of war are prohibited.
finally, to truss them:???
