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American soldiers, or the LEGAL ARMED COMBATANTS in any conflict, are protected from what the Iraqis did by the Geneva convention. Saddam's kids are not armed combatants.
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Huh? Maybe you're mixing Iraq up with Afghanistan, but last I checked Saddam's sons were both military officers in the legitimate Iraqi government prior to the USA invasion (without U.N. approval, I might add, which makes the "legal" status of the USA's army a bit murky.)
If what you say is true, then the USA could declare war on canada tomorrow, declare that we won the war on day 2, then kill anyone we want on day 3. I don't think it works that way.