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hmm... well, i think that it is the US's role to err on the side of human rights whenever a gray area surfaces. as snobbish as it might sound, if we don't... who will? we need to take leadership in this area as we have in others.
that being said... the circumstances the authors of the Geneva convention had in mind are not relevant to a lot of our present conflict. our enemy does not have serial numbers or a visible chain of command. they do not wear uniforms and make violence against civilians policy. our enemy is unfit for protections afforded to soldiers who fight according to the LOAC.
the US should take the lead and establish internationally agreed upon protocols for terrorist prisoners. we should get this out of the way as soon as we can so our policies have international legitimacy and so we can fully direct our attention to fighting the war. the Geneva convention in its current state is not adequate for addressing the human rights concerns that face us today.
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If you will not fight when your victory will be sure and not too costly, you may come to the moment when you will have to fight with all the odds against you and only a precarious chance for survival. There may even be a worse case. You may have to fight when there is no hope of victory, because it is better to perish than to live as slaves.
~ Winston Churchill
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