Sorry if this was covered - but my impression, so far, gathered through the press, was that a category of "illegal combatants" did exist in the 3rd 1980 Geneva convention as a kind of footnote that covered un-uniformed partisans and such. Michael Pollak
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>From the Geneva Convention relative to the Treatment of Prisoners of
War, see: http://www.unhchr.ch/html/menu3/b/91.htm
``Article 5
The present Convention shall apply to the persons referred to in Article 4 from the time they fall into the power of the enemy and until their final release and repatriation.
Should any doubt arise as to whether persons, having committed a belligerent act and having fallen into the hands of the enemy, belong to any of the categories enumerated in Article 4, such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal...''
Seems pretty clear to me, if there is a question it is to be ajudicated by a competent tribunal, and not a US Executive Order or a decree from the US Secretary of Defence---and in the mean time, the the Convention applies.
Chuck Grimes