# Is Saddam A POW?  (Geneva Question)

**URL:** <https://boards.straightdope.com/t/is-saddam-a-pow-geneva-question/218947>\
**Category:** Factual Questions\
**Created:** [December 14, 2003, 2:38pm UTC](https://boards.straightdope.com/t/is-saddam-a-pow-geneva-question/218947 "2003-12-14T14:38:40Z")\
**Posts on this page:** 20\
**Page:** 1

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**Author:** ![CheekyMonkey613](https://avatars.discourse-cdn.com/v4/letter/c/e480ec/32.png) [@CheekyMonkey613](https://boards.straightdope.com/u/CheekyMonkey613)\
**Post date:** [December 14, 2003, 2:38pm UTC](https://boards.straightdope.com/t/is-saddam-a-pow-geneva-question/218947/1 "2003-12-14T14:38:40Z")

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_I suspect this may be moved to the pit, but since it’s a sincere question, I started it here…_

Like most people, I woke up to find out that Saddam has been captured. Wonderful news. On went the TV, to see what’s going on. And then …

I see footage of Saddam Hussein being medically examined, as well as a still shot of his face after having been shaven to show that it is indeed him. Here’s the question:

If memory serves me right, the US was REAL pissed off about their POWs being filmed and shown on national television. It was against the [GENEVA Convention.](http://www.aiipowmia.com/legis/geneva1950.html)

What’s the difference? 😕

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**Author:** ![MC\_Master\_of\_Ceremonies](https://avatars.discourse-cdn.com/v4/letter/m/bb73d2/32.png) [@MC\_Master\_of\_Ceremonies](https://boards.straightdope.com/u/MC_Master_of_Ceremonies)\
**Post date:** [December 14, 2003, 2:46pm UTC](https://boards.straightdope.com/t/is-saddam-a-pow-geneva-question/218947/2 "2003-12-14T14:46:05Z")

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No he’s not a protected person as he is wanted for breaches of international law.

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**Author:** ![CheekyMonkey613](https://avatars.discourse-cdn.com/v4/letter/c/e480ec/32.png) [@CheekyMonkey613](https://boards.straightdope.com/u/CheekyMonkey613)\
**Post date:** [December 14, 2003, 3:05pm UTC](https://boards.straightdope.com/t/is-saddam-a-pow-geneva-question/218947/3 "2003-12-14T15:05:34Z")

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What were the breaches?

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**Author:** ![MC\_Master\_of\_Ceremonies](https://avatars.discourse-cdn.com/v4/letter/m/bb73d2/32.png) [@MC\_Master\_of\_Ceremonies](https://boards.straightdope.com/u/MC_Master_of_Ceremonies)\
**Post date:** [December 14, 2003, 3:08pm UTC](https://boards.straightdope.com/t/is-saddam-a-pow-geneva-question/218947/4 "2003-12-14T15:08:46Z")

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Quite a few, the most obvious one is murder which is defined as a crime aganist humanity (by the treaty of Rome IIRC).

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**Author:** ![scr4](https://avatars.discourse-cdn.com/v4/letter/s/59ef9b/32.png) [@scr4](https://boards.straightdope.com/u/scr4)\
**Post date:** [December 14, 2003, 3:16pm UTC](https://boards.straightdope.com/t/is-saddam-a-pow-geneva-question/218947/5 "2003-12-14T15:16:44Z")

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Does that mean a government can demote a POW to “criminal” by charging him with a crime, thus repealing the rights granted by the Geneva Convention?

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**Author:** ![hawthorne](https://avatars.discourse-cdn.com/v4/letter/h/c89c15/32.png) [@hawthorne](https://boards.straightdope.com/u/hawthorne)\
**Post date:** [December 14, 2003, 3:18pm UTC](https://boards.straightdope.com/t/is-saddam-a-pow-geneva-question/218947/6 "2003-12-14T15:18:57Z")

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I’ve only scanned the Conventions linked to by **CheekyMonkey613** , **MC**. Could you point us to the provision that says that if you’re wanted for breaches of international law, you’re not a protected person?

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**Author:** ![CheekyMonkey613](https://avatars.discourse-cdn.com/v4/letter/c/e480ec/32.png) [@CheekyMonkey613](https://boards.straightdope.com/u/CheekyMonkey613)\
**Post date:** [December 14, 2003, 3:19pm UTC](https://boards.straightdope.com/t/is-saddam-a-pow-geneva-question/218947/7 "2003-12-14T15:19:07Z")

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> [@](#):
>
> \*Originally posted by scr4 \*  
> \*\*Does that mean a government can demote a POW to “criminal” by charging him with a crime, thus repealing the rights granted by the Geneva Convention? \*\*

Well that’s what I’m thinking. Wouldn’t there have to be some kind of “conviction”?

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**Author:** ![MC\_Master\_of\_Ceremonies](https://avatars.discourse-cdn.com/v4/letter/m/bb73d2/32.png) [@MC\_Master\_of\_Ceremonies](https://boards.straightdope.com/u/MC_Master_of_Ceremonies)\
**Post date:** [December 14, 2003, 3:27pm UTC](https://boards.straightdope.com/t/is-saddam-a-pow-geneva-question/218947/8 "2003-12-14T15:27:56Z")

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Hmmm, actually I’ve done some checking and it is possible to be a POW and be charged with breaches of international law.

But I still don’t think he’s defined as a prisoner of war as he doesn’t fit into any of the catergories and he has been arrested as a criminal.

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**Author:** ![CheekyMonkey613](https://avatars.discourse-cdn.com/v4/letter/c/e480ec/32.png) [@CheekyMonkey613](https://boards.straightdope.com/u/CheekyMonkey613)\
**Post date:** [December 14, 2003, 3:44pm UTC](https://boards.straightdope.com/t/is-saddam-a-pow-geneva-question/218947/9 "2003-12-14T15:44:49Z")

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> [@](#):
>
> **Article 4**  
> A. Prisoners of war, in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy:
> 
> 1. Members of the armed forces of a Party to the conflict as well as members of militias or volunteer corps forming part of such armed forces.

Wouldn’t he fit into that category?

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**Author:** ![MC\_Master\_of\_Ceremonies](https://avatars.discourse-cdn.com/v4/letter/m/bb73d2/32.png) [@MC\_Master\_of\_Ceremonies](https://boards.straightdope.com/u/MC_Master_of_Ceremonies)\
**Post date:** [December 14, 2003, 3:53pm UTC](https://boards.straightdope.com/t/is-saddam-a-pow-geneva-question/218947/10 "2003-12-14T15:53:28Z")

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The earlier confusion was from getting by Geneva conventions, mixed up it’s the fourth Geneva convention (for the protection of civilians… ) which excludes those wnated for war crimes from being protected persons under it.

Membvers of the government aren’t usually considered to be miltary personnel, though you could argue that he wore a uniform and he was supreme commander of Iraqi miltary forces.

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**Author:** ![CheekyMonkey613](https://avatars.discourse-cdn.com/v4/letter/c/e480ec/32.png) [@CheekyMonkey613](https://boards.straightdope.com/u/CheekyMonkey613)\
**Post date:** [December 14, 2003, 3:58pm UTC](https://boards.straightdope.com/t/is-saddam-a-pow-geneva-question/218947/11 "2003-12-14T15:58:05Z")

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Well I’m glad that I don’t look like such a :wally for asking the question. That’s exactly what’s got me confused.

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**Author:** ![Matchka](https://avatars.discourse-cdn.com/v4/letter/m/77aa72/32.png) [@Matchka](https://boards.straightdope.com/u/Matchka)\
**Post date:** [December 14, 2003, 4:17pm UTC](https://boards.straightdope.com/t/is-saddam-a-pow-geneva-question/218947/12 "2003-12-14T16:17:22Z")

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Kind of an aside, but potentially important: Are they sure they got the _right_ Saddam Hussein?

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**Author:** ![ParentalAdvisory](https://avatars.discourse-cdn.com/v4/letter/p/53a042/32.png) [@ParentalAdvisory](https://boards.straightdope.com/u/ParentalAdvisory)\
**Post date:** [December 14, 2003, 4:38pm UTC](https://boards.straightdope.com/t/is-saddam-a-pow-geneva-question/218947/13 "2003-12-14T16:38:16Z")

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And if it’s the right Saddam, has there been previously collected DNA samples of the real Saddam to prove this? If so, where did they get it and how? I sure they have facial recognition software and all that, but what about the DNA?

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**Author:** ![Matchka](https://avatars.discourse-cdn.com/v4/letter/m/77aa72/32.png) [@Matchka](https://boards.straightdope.com/u/Matchka)\
**Post date:** [December 14, 2003, 4:45pm UTC](https://boards.straightdope.com/t/is-saddam-a-pow-geneva-question/218947/14 "2003-12-14T16:45:19Z")

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I think DNA was always a problem. There wasn’t much but fried goo left of his sons as I understand it so they’ll probably be of little assistance.

There are facial characteristics and a tattoo that identify him, but this guy ws wearing a long sleeved Tee shirt…and he was docile & almost hapy to be taken into the loving custody of…the coalition. Sounds more like the behavior of an unwilling body double to me. Qdaffi rolled over after we bombed him and killed his kid, I wouldn’t have expected the same of Saddam. How long til SNOPES has reliable data on the prisoner?

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**Author:** ![Guinastasia](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/guinastasia/32/5751_2.png) [@Guinastasia](https://boards.straightdope.com/u/Guinastasia)\
**Post date:** [December 14, 2003, 4:46pm UTC](https://boards.straightdope.com/t/is-saddam-a-pow-geneva-question/218947/15 "2003-12-14T16:46:26Z")

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Where will he be tried-at the Hague?

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<div class="post-metadata">

**Author:** ![Matchka](https://avatars.discourse-cdn.com/v4/letter/m/77aa72/32.png) [@Matchka](https://boards.straightdope.com/u/Matchka)\
**Post date:** [December 14, 2003, 4:50pm UTC](https://boards.straightdope.com/t/is-saddam-a-pow-geneva-question/218947/16 "2003-12-14T16:50:23Z")

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Harris County Courthouse, (Self-Appointed) Justice G.W. Bush presiding. Actually I think the article says “someplace in Iraq.”

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**Author:** ![SandyHook](https://avatars.discourse-cdn.com/v4/letter/s/dec6dc/32.png) [@SandyHook](https://boards.straightdope.com/u/SandyHook)\
**Post date:** [December 14, 2003, 4:53pm UTC](https://boards.straightdope.com/t/is-saddam-a-pow-geneva-question/218947/17 "2003-12-14T16:53:33Z")

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What I read this morning and remember hearing in the past is that he is to be turned over to the new Iraqi legal system where, one assumes, he’s pretty much fucked.

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**Author:** ![Rayne\_Man](https://avatars.discourse-cdn.com/v4/letter/r/df705f/32.png) [@Rayne\_Man](https://boards.straightdope.com/u/Rayne_Man)\
**Post date:** [December 14, 2003, 5:14pm UTC](https://boards.straightdope.com/t/is-saddam-a-pow-geneva-question/218947/18 "2003-12-14T17:14:20Z")

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According to the BBC the CIA have been collecting DNA samples of Sadam for the last few years. Bit ironic as it was the CIA who put him in power ( via one of their famous inspired coups ) back in the 70’s.

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**Author:** ![hermann](https://avatars.discourse-cdn.com/v4/letter/h/b487fb/32.png) [@hermann](https://boards.straightdope.com/u/hermann)\
**Post date:** [December 14, 2003, 6:23pm UTC](https://boards.straightdope.com/t/is-saddam-a-pow-geneva-question/218947/19 "2003-12-14T18:23:38Z")

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I thought his sons were pretty much in one piece, not “fried goo”. At least the pictures looked like it.

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**Author:** ![Bromley](https://avatars.discourse-cdn.com/v4/letter/b/4da419/32.png) [@Bromley](https://boards.straightdope.com/u/Bromley)\
**Post date:** [December 14, 2003, 6:45pm UTC](https://boards.straightdope.com/t/is-saddam-a-pow-geneva-question/218947/20 "2003-12-14T18:45:05Z")

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[I see dead people.](http://www.foxnews.com/story/0,2933,92829,00.html)

Could be anyone as far as I personally can tell, but I’ve not heard anyone disputing that they are Uday and Qusay.

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