Combatant Status Quotes
These three conditions appear in virtually every convention on war and are basic to international law on the subject. For years they stood unquestioned, but in the latter half of the 20th century, guerilla warfare and revolutions began to pressure the definitions which were most strained in the War on Terrorism at the beginning of the 21st century. Starting with the Taliban in Afghanistan and then including Al Quada, the question of who was a combatant was debated anew. Using the classic definitions, the “foreign fighters” were not combatants and the Al Quada cells also met none of the three conditions. They could have been executed as spies as they were not in uniform according to some legal interpretations; others argued that they should be tried by civil courts; others, that they had no legal status offering any protections and it was in the discretion of their captors.
This is the “logic” by which Islamic terrorists have justified murder of civilians. Just as all Muslim men are fighters for Allah, all infidels are fighters against Allah and thus should die.
The Justice Department and the White House were arguing that the Geneva Conventions did not apply to terrorist groups. See {589865}.
