CapnNismo wrote:
Cybargs wrote:
People who aren't wearing uniforms aren't protected by the Geneva Convention.
Kinda hard to have uniforms if your terrorist/rebel organization of choice can't afford them... That's a legal loophole and nothing else (I half-think that you're talking out of your ass, though, and would love to see some proof).
Convention (III) relative to the Treatment of Prisoners of War.
Art 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.
(6) Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war.
http://www.icrc.org/ihl.nsf/7c4d08d9b28 … 1e004a9e68Article 4 Para 6
" Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war."
First.
The territory must start out as "Non-occupied"
Second.
"Respect the laws and customs of war"
The forces covered in art 4 (6) MUST operate under the Conventions until captured to rate P.O.W. status.
As well, if such forces, at a time after said invasion, fall under the control of regular armed units, they would then be under Article 4 Para 2.
When the U.S. went into Afg, Iraq, you could have "fighters" covered under 4 (6) for around 24-48 hours. After that they would have to operate under
4 (2).
Fail to do so and they become "Unlawful combatants" and are not covered for P.O.W. status.
Last edited by Karbin (2010-02-21 07:23:31)
