FreeDuck wrote:We declared war on a non-uniformed enemy, so why would uniforms have anything to do with it.
Because to be covered by the Geneva Convention and be accorded POW status,there are certain conditions that must be met.
One of then is that those captured MUST be wearing identifyinf uniforms or insignia,must answer to a central command authority,MUST represent a country or other national entity,and MUST abide by the rules of war.
Since the insurgents dont meet ANY of these conditions,they do NOT qualify for POW status.
But,if you want them to have POW status,then they MUST be tried by a military tribunal,not civilian courts.
That is also part of the Geneva convention...
I refer you to article 84 of the current GC,which says...
"A prisoner of war shall be tried only by a military court, unless the existing laws of the Detaining Power expressly permit the civil courts to try a member of the armed forces of the Detaining Power in respect of the particular offence alleged to have been committed by the prisoner of war."