[MarineHawk]

A more complete analysis than I gave:

Originally Posted by Senator John Cornyn

… Under the Convention, only lawful combatants are eligible for POW privileges. Notwithstanding the contention of some critics, even the Red Cross's own guidelines make clear that, to earn POW privileges, combatants must satisfy all four conditions of lawful combat: being commanded by a person responsible for his subordinates, having a fixed distinctive sign recognizable at a distance, carrying arms openly, and conducting their operations in accordance with the laws and customs of war.

… Extending POW protection to al Qaeda would be dangerous to our soldiers, because the Geneva Convention guarantees POWs access to a variety of devices that could easily be turned into weapons against their captors. It also forbids POWs from being confined in isolated cells. POWs are even entitled to a monetary allowance to purchase goods and preferential customs treatment for shipments they receive from the outside world. Surely no one claims that we must equip al Qaeda terrorists with tools that could be used to hurt our very own soldiers?

Recognition of POW status would also dramatically disable us from obtaining the intelligence needed to prevent further attacks on U.S. civilians and soldiers. Under the convention, questioners could not entice detainees to respond by offering creature comforts or other preferential treatment - even though that is standard operating procedure in police stations across our country. Surely no one believes that al Qaeda fighters deserve to be treated better than an American citizen accused of a crime?

POW status even confers broad combat immunity against criminal prosecution before civilian and military tribunals alike. Surely no one contends that al Qaeda fighters had a legal right to strike the Pentagon?

In addition, giving POW status to unlawful combatants would badly undermine international law itself. The laws of war are specifically designed to entice combatants to comply with international law by offering better treatment in the event of capture — but better treatment only in return for obeying the laws of war. As a renowned treatise on the law governing prisoners of war explains, "the only effective sanction against perfidious attacks in civilian dress is deprivation of prisoner-of-war status."