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To: Michael81Dus
when they´re captured on the battlefield, bearing their arms openly, and insignia to be identified as an enemy - they´re POW, aren´t they

Nope. You have to be a member of a recognized military organization ENGAGED IN LAWFUL combat operations. Terrorism is NOT a lawful act of war by ANYONE's definition.

104 posted on 01/12/2006 2:40:23 PM PST by MNJohnnie (Resistance is futile. We are the Freepers. You will be assimilated)
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To: MNJohnnie

Art. 2 GC III

In addition to the provisions which shall be implemented in peace time, the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognized by one of them.

The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance.

Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof.

Article 4

A. Prisoners of war, in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy:

1. Members of the armed forces of a Party to the conflict as well as members of militias or volunteer corps forming part of such armed forces.

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.

...


I think the Taliban can be considered as a militia.


112 posted on 01/12/2006 2:46:30 PM PST by Michael81Dus
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