I think some of the reservations deal with the term of art "declaration of war". Since we have not formally declared war on Iraq in Congress, we may not be able to treat him as a POW. We haven't declared war since WWII. I think there are some Geneva Convention rules, and stuff about our obligations as an occupying power that we do not want to breach.
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'Tis better to remain silent and be thought a fool, than open one's mouth and remove all doubt.
Samuel Johnson (1709 - 1784)
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