Richard Bridge:

Look, it's very simple. Either they are a military force, and entitled to the benefit of the Geneva Convention, or they are not and they are entitled to the benefit of the rule of law. There is no such thing as an un-person.

And the Fourth Geneva Convention as well. If they have committed crimes (i.e., acts in violation of the 'laws of war', say espionage, sabotage, etc.), then try them for that. Regardless, they're either POWs or civilians. Any illegal acts by either should be treated as illegal acts and tried before an appropriate (and recognised) forum. Unless and until "failure to wear a uniform" is a crime (and even then, the Geneva Conventions cover this eventuality), there's no excuse for not applying one or the other of the Geneva Conventions to them.

There is no category for "non-persons" who fall outside the protection of the laws ... except in a totalitarian state.

Cheers,