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Last I checked, al-Qaeda isn't a party to the Geneva Convention. Tim Send a noteboard - 18/03/2010 09:16:15 AM
Art 2. In addition to the provisions which shall be implemented in peace time, the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognized by one of them.

The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance.

Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof.


Not "one of the High Contracting Parties and anyone else". Two or more of the High Contracting Parties. This is a reciprocal convention – al-Qaeda doesn't get to claim Geneva Convention protection for its fighters unless it either signs up to the Convention itself, or starts acting as though it had.

In Article 4, the word "Party" is capitalised, suggesting that it means "High Contracting Party" (i.e. a signatory to the convention). Even if this isn't the case, and it just means any side in a conflict, the Convention doesn't apply in the first place because the Article 2 conditions aren't met.

Therefore, the Geneva Convention doesn't apply to al-Qaeda.

Now, remind me why you think Osama bin Laden is different in the eyes of the law from any other murderer?
Vigilantibus non dormientibus jura subveniunt.

—Nous disons en allemand : le guerre, le mort, le lune, alors que 'soleil' et 'amour' sont du sexe féminin : la soleil, la amour. La vie est neutre.

—La vie ? Neutre ? C'est très joli, et surtout très logique.
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Last I checked, al-Qaeda isn't a party to the Geneva Convention. - 18/03/2010 09:16:15 AM 467 Views
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