But that does not mean that they are in some legal limbo that allows ad hoc treatment.Nark from another thread wrote:bmc,
The Geneva convention doesn't apply to insurgents, or Guerrilla fighting forces. Nice attempt at a segue though.
The invading forces are governed by the Geneva convention while in combat with an "enemy state".
Once the invading forces become de-facto "occupiers", they are governed by the Geneva convention's rules of occupation. This means that "People accused of criminal offences shall be provided with proceedings respecting internationally recognized judicial guarantees". "Insurgents" would qualify.
Once a NEW government is established, then the invading forces are no longer occupiers. They are there at the pleasure of the new government. So they are then governed by the laws of that "new" nation. As are the insurgents within that nation.
So, assuming that Iraq and Afghanistan now have duly elected democratic governments, then presumably insurgents should be awarded the normal criminal justice and human rights that duly elected democratic governments normally provide.
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