I get it.  So, according to the Geneva Convention, then captured members 
of AQ are not technically prisoners of war.  Thanks for the clarification.

But what confuses me now is this: in this "new war", can any terrorists 
-- members of AQ or the Taliban, or others -- really qualify as 
prisoners of war under the Geneva Convention?


> They are.  In the common sense of the words, the AQ prisoners are prisoners
> of war, since they were captured in war.  But, if you look at the Geneva
> convention, which Jerone conveniently provided a link to you will find the
> provision:




> 2. Members of other militias and members of other volunteer corps, including
> those of organized resistance movements, belonging to a Party to the
> conflict and operating in or outside their own territory, even if this
> territory is occupied, provided that such militias or volunteer corps,
> including such organized resistance movements, fulfil the following
> conditions:
> 
> (a) That of being commanded by a person responsible for his subordinates;
> 
> (b) That of having a fixed distinctive sign recognizable at a distance;
> 
> (c) That of carrying arms openly;
> 
> (d) That of conducting their operations in accordance with the laws and
> customs of war.
> 
> 
> #2 is of particular interest.  The attack on the WTC violated several of the
> provisions under 2.  Thus, for the sake of the Geneva Convention, they are
> not legally prisoners of war, even though we are fighting a war.  That is
> the legal sense that the S of D uses.
> 
> 
> Dan M.
> 
> 
> 
> 



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