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The Geneva Conventions do indeed specify that people not wearing a uniform of some sort, even if it is just a baseball cap with a recognised insignia of the group they belong, are NOT "Prisoners Of War" and as such can be defined as illegal combatants.
What this means is that they are not due the rights of an official POW, including the right NOT to be prosecuted for their LEGAL actions during battle - in other words they cant be tried for killing enemy soldiers.
Having said that, they ARE due the rights of ANY person - a FAIR trial, and humane treatment, although they CAN be charged with the murder of enemy soldiers as they are not legal "soldiers" themselves.
The interesting thing about all this is that the Bush cabal STILL managed to fuck this up - The Geneva Conventions state that ONLY a competent legal tribunal can define such people as Illegal Combatants, and until then they MUST be treated as legal POW's.
How the Bush cabal have gone about this is defining them as illegal combatants by presidential decree (ie NOT a competent legal tribunal) thereby denying their right to be treated as POW's until legally defined as Illegal Combatants. They have then denied their HUMAN RIGHTS to a fair trial and adequate legal representation.
In other words, not only have they failed to meet the Geneva Conventions in terms of the definition of Illegal Combatants, but they have failed their legal responsibilities under Human Rights law.
Each person treated in this manner by the US constitutes another count of both war crimes under Geneva and crimes against humanity under relevant human rights laws.
I suspect that by now, there are more counts of war crimes committed by Bush than by Slobodan Milosevic. When will Bush join him in the Hague?
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