Mike,

Ok, may be I was not clear enough. I do agree with you on the fact that we have to stick to Islam Schoolar work as we do not are mullah nor Muslim Schoolars.
I just tried to give the very raw bases of the law of war in Islam. I did not include the Sunnah and Hadith because I could not come with strong references for anyone to look at them with a different eye.
That is why I said this is not to start a new Islamic School. That is not our work and we do not have the legitimacy. I tried to stay neutral and provide the most neutral base. Also, as I said, I tried to come with generaly accepted comon Quran quotes as the reference to Law of War. Good also you remind me that I should have put the book reference so the translation could be identified. Will follow your line of quoting Quran, it is the best one.

Actually, at home, I have a copy of the Quran you are refering to. The story of that Quran is interesting as it was given to me by my colleagues from Islamic Relief when I went to Lebanon during the 2006 war. They gave it to me for Allah to protect me and support my efforts to save the people. It is a book, for that precise reason, very much attached to.
But it also, from an anthopological point of view shows how, in war, we all come back to magic.

To come back to the fatwa. Fatwa are opening the Law as any mullah or recognised Islam teacher can come with a fatwa. A Mullah from a village can make a fatwa that will apply to his village only. You can have fatwa for one person only. It is not laws or jurisprudence. That is why it makes the things difficult. And that is why we have to go by recognised Islamic Law Schools, as you mentioned. The most known are for example the one against Rushdy. But 1st it is a worlwide application fatwa and it has been given by a very well known mullah.
So may be we should establish a "rule" for fatwa if we come with some in the discussion. Like being recognised by a recognised Ilamic Law School, being world wide... I do not know. Lets make a decision here.