Not the point. Mandated by the Hague Convention as noted in the article, can't use soft points of JHPs in war - wouldn't be humane don't you know.
Geneva convention also says you are not supposed to put POW's on trial, but we are doing that at Guantanamo.
Either they are POW's which means no JHP's OR trials, or they are criminals and fair game. Gov needs to make up their mind.
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