Hi Ken,
This becomes a very interesting question - what is a "uniform"? It wasn't a problem back in the day, but I would submit that it is now. Staes are free to decide on what constitutes a "uniform", and I would argue that the Taliban, which whether we like it or not did form a state that was recognized by a few other countries and the UN, is free to choose what it is. I would argue that legally they are in the same position as a "government in exile". As such, any who wear their uniform (even if they define that as civilian clothes) must be offered the protection of the Geneva conventions analogous to the volunteer brigades in the Spanish Civil War. I know, it's not a popular argument .
Sorry, their definition as "illegal combatants". At the same time, the GC is vastly out of date and, in its categories, somewhat ridiculous.
The problem with the sorting is that it doesn't really account for the current reality <sigh>. What is needed, IMHO, is a category of "irregular combatants" who are treated as POWs, but who may be interrogated to determine motivation and possibility for criminal charges based on international law.
Nothing wrong with that . Still and all, Khadr met the UN definition of being a "child soldier". We can argue back and forth whether it is right or wrong in any individual case (or in general), but under existing international agreements, he meets the definition and law is all about definitions.
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