There is no question as to the status of the detainees.

The Geneva Convention was an agreement designed to regulate international warfare between states. al Qaeda and Taliban detainees are not members of such states.



Long before the Sept 11 terrorist attacks on America, the entire international community, through their participation in the United Nations, has recognized the Taliban as an illegitimate government. In fact the U.N. has defined the Taliban government as an armed gang that has taken over most of Afghanistan. And, of course, al Qaeda has no pretense of being a legitimate state or national government. Neither al Qaeda nor the Taliban have any connection to the Geneva Convention agreement.



And the convention agreement is clear in regards to whom it applies "the present Convention shall apply to all cases of declared war or any other armed conflict which may arise between two or more of the High Contracting Parties."



There is some provision in the agreement for "militias," (other armed conflict in the above quote) … but the agreement is equally clear with respect to whom this exception applies. It defines these as groups who meet the following requirements: "wearing uniforms, having a clear line of command, and respecting the laws and customs of war." The Taliban fails this test, as well. Again, there is no argument that al Qaeda or the Taliban have no connection to the Geneva Convention agreement - so why should its rules apply to them?



Finally, the Geneva Convention assumes that prisoners of war are civilized men who are willing to surrender. It does not contemplate prisoners who are who threaten and bite their guards or strap grenades to their bodies, steal guns and shoot them. Common sense dictates entirely different circumstances for keeping such prisoners.