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The additional Protocols of this part of the Geneva Conventions (Protocol I and II) were never ratified by the United States for the sole reason that we do not want to legitimize these guerrilla terror groups. 


Now you are coming back and saying the United States needs to be held accountable for provisions it refused to sign, basically for the sole purpose of legitimizing these groups? 


At best, your case would hang in the balance on some notion of international common law, which will not win you a case.  The express reservations to the earlier stated Protocols were to avoid exactly what is going on now.  No US governmental body would recognize any international court decision otherwise.  No world court (at least not a UN one) will take on the matter, because their credibility will be destroyed when the United States simply ignores their ruling.


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