Are prisoners in Iraq labeled as POWs or Enemy Combatants?

[Toots]

Seems to me the reason they came up with the term Enemy combatant was so they would not have to follow Geneva Convention and the reason the built their prison encampment in Cuba instead of the US was so they would not have to follow the US Constitution. Is there anything wrong with this line of reasoning if it is true?

[EFerrari]

1. You might google "torture memos"

Where Torquemada Gonzalez explains hi reasoning to the Dim Son. I don't have the text any more. That's pretty much what he says, the criminal.

[James T. Kirk]

2. It depends. Some POW , some combatant.

Saddam's army would be POWs.
Insurgents would be enemy combatants, since they are not fighting on behalf of an official army that is party to the conventions. Many of them are freelance volunteers and mercenaries from other countries.

[Monkie]

3. the geneva convention covers EVERYONE involved in conflict

http://www.genevaconventions.org/

"civilian

A civilian is any person who does not belong to any of the following categories: members of the armed forces, militias or volunteer corps, organized resistance movements,
and residents of an occupied territory who spontaneously take up arms. If there is any doubt whether a person is civilian, then he or she is to be considered a civilian. (Protocol I, Art. 50, Sec. 1)

civilian population

The civilian population comprises all persons who are civilians. (Protocol I, Art. 50, Sec. 2)

The civilian population is protected under the Geneva Conventions and these protections are not affected by the presence of combatants in the population. (Protocol I, Art. 50, Sec. 3)

combatant status

Combatants have protections under the Geneva Conventions, as well as obligations.

Convention I offers protections to wounded combatants, who are defined as members of the armed forces of a party to an international conflict, members of militias or volunteer corps including members of organized resistance movements as long as they have a well-defined chain of command, are clearly distinguishable from the civilian population, carry their arms openly, and obey the laws of war. (Convention I, Art. 13, Sec. 1 and Sec. 2)
~snip
However, other individuals, including civilians, who commit hostile acts and are captured do not have these protections. For example, civilians in an occupied territory are subject to the existing penal laws. (Convention IV, Art. 64)"

seems clear to me..you are either a combatant and protected by the convention or you are a civilian subject to EXISTING penal laws

[EFerrari]

5. And that's why Abu Graib Gonzalez tried to dismiss them as quaint. nt

[Spazito]

4. Here is an excellent compilation of links on Findlaw

that addresses your issues.

Legal Debate Over U.S. Interrogation Policies

On The Treatment of Enemy Combatants and Detainees
During Interrogation While In Custody Of
U.S. Military Forces and Civilian Contractors


http://news.findlaw.com/hdocs/docs/dod/62204index.html