Reply #1: The Argument Hezbollah Is An Agent Of the Lebanese Government, My Friend [View All]

[The Magistrate]

Would have a number of implications the persons pressing it would probably not want to see in action. Among other things, it would make the Lebanese government reponsible for the actions of Hezbollah, which removes the popular 'don't attack Lebanon for what Hezbollah did' line of arguement entirely.

The fact is that Hezbollah prisoners do meet Geneva criteria for an "illegal combatant", in that they are members of a private organization that routinely violates the laws of war. The only thing really available to be adjudicated is whether they are actual members of that body, and actually participated personally in violations of the laws of war. Neither of these things can be declared by fiat, of course: the Conventions require that this be determined by a method the power holding such prisoners would employ in judging its own soldiers.