Article 4 defines prisoners of war to include:
Members of the armed forces of a Party to the conflict and members of militias of such armed forces.
Members of other militias and members of other volunteer corps, including those of organized resistance movements, provided that they fulfill all of the following conditions:
-that of being commanded by a person responsible for his subordinates;
-that of having a fixed distinctive sign recognizable at a distance (there are limited exceptions to this among countries who observe the 1977 Protocol I);
-that of carrying arms openly;
-that of conducting their operations in accordance with the laws and customs of war. 
I'm not talking about what should be, I'm talking about what is currently factual. It is a fact that the people in question do not garner recognition from the GC.Because there are people of intelligence that say they should apply and there are people of intelligence that say the shouldn't apply.
Let the lawyers fight it out, which is exactly what might happen.
 - [ame=http://en.wikipedia.org/wiki/Third_Geneva_Convention]Third Geneva Convention - Wikipedia, the free encyclopedia[/ame]
I think that there is an assumption by some on this forum that they know exactly what Petraeus was referring to when he made his statements. The article says Petraeus himself did not specify.
Rather than continue to escalate this to an unfriendly level of argument, I'll offer this. I'd like to know exactly what Petraeus was referring to. My personal opinion on this is that based upon so much other available information, Petraeus is simply confirming what many others have already said and ruled in court.
But I'd like him to be more specific.
"Loyalty only matters when there's a hundred reasons not to be-" Gen. Mattis
- The manner in which these prisoners were classified. There are terrible discrepancies there.
- Why did our government ever make the argument for denying them protections under the Geneva Convention in the first place?
The only real reason the Bush administration made the arguments was to facilitate military tribunals and torture.
"I believe in a Spinoza's God who reveals himself in the harmony of all that exists, but not in a God who concerns himself with the fate and actions of human beings."
--Albert Einstein, 1929