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.
(and this covers Al Qaeda or the Taliban...how?)
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, fulfill the following conditions:
(a) That of being commanded by a person responsible for his subordinates;
(Their command structure is.......what?)
(b) That of having a fixed distinctive sign recognizable at a distance;
(perhaps you can show me exactly what "distinctive sign" that is "recognizable at a distance" that Al Qaeda or the Taliban wear?)
(c) That of carrying arms openly;
(nope, they're usually just burying IED's)
(d) That of conducting their operations in accordance with the laws and customs of war.
(again, NO. They fulfill NONE of the requirements, so they are NOT entitled to POW status under GCIII)
3. Members of regular armed forces who profess allegiance to a government or an authority not recognized by the Detaining Power.
(nope, doesn't sound like Al Qaeda or the Taliban to me)
4. Persons who accompany the armed forces without actually being members thereof, such as civilian members of military aircraft crews, war correspondents, supply contractors, members of labour units or of services responsible for the welfare of the armed forces, provided that they have received authorization from the armed forces which they accompany, who shall provide them for that purpose with an identity card similar to the annexed model.
(nope, Al Qaeda and the Taliban don't carry any identification cards declaring themselves members of such, much less in accordance to the "annexed model")
5. Members of crews, including masters, pilots and apprentices, of the merchant marine and the crews of civil aircraft of the Parties to the conflict, who do not benefit by more favourable treatment under any other provisions of international law.
(nope, they don't qualify here either)
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.
(nope, they've had PLENTY of time to form themselves into regular armed units, and again, they don't openly carry arms, nor respect the laws and customs of war.)
B. The following shall likewise be treated as prisoners of war under the present Convention:
1. Persons belonging, or having belonged, to the armed forces of the occupied country, if the occupying Power considers it necessary by reason of such allegiance to intern them, even though it has originally liberated them while hostilities were going on outside the territory it occupies, in particular where such persons have made an unsuccessful attempt to rejoin the armed forces to which they belong and which are engaged in combat, or where they fail to comply with a summons made to them with a view to internment.
(still no)
2. The persons belonging to one of the categories enumerated in the present Article, who have been received by neutral or non-belligerent Powers on their territory and whom these Powers are required to intern under international law, without prejudice to any more favourable treatment which these Powers may choose to give and with the exception of Articles 8, 10, 15, 30, fifth paragraph, 58-67, 92, 126 and, where diplomatic relations exist between the Parties to the conflict and the neutral or non-belligerent Power concerned, those Articles concerning the Protecting Power. Where such diplomatic relations exist, the Parties to a conflict on whom these persons depend shall be allowed to perform towards them the functions of a Protecting Power as provided in the present Convention, without prejudice to the functions which these Parties normally exercise in conformity with diplomatic and consular usage and treaties.
(nope, not here either)
C. This Article shall in no way affect the status of medical personnel and chaplains as provided for in Article 33 of the present Convention.
(or here)
Article 5
The present Convention shall apply to the persons referred to in Article 4 from the time they fall into the power of the enemy and until their final release and repatriation.
(they don't fall into any of the categories in Article 4, so they're not POW's)
Should any doubt arise as to whether persons, having committed a belligerent act and having fallen into the hands of the enemy, belong to any of the categories enumerated in Article 4, such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal.
(I've seen no reason to have any doubts about the status of ANY of the "belligerents" we've captured, so they're STILL not POW's.)
