New York Times: Foreign Militants in Kunduz Seek Safe Passage to Pakistan
The Pakistanis, who have not officially acknowledged that their citizens are among those trapped in the city, told the American government that no one deserves to be slaughtered and asked that they be protected. [...]
The Pakistani government has made it clear that anyone who is brought onto their soil will be arrested. Fighters from other countries would be sent home.
President Pervez Musharraf said today that the foreign fighters surrender to the United Nations and be treated as prisoners of war. [...]
(emphasis added) You have got to be kidding, Pervez. They do not pass “Go,” they go directly to the U.S.S. Peleliu, if they are to be even that lucky. These weren’t little boys who need a bus ride home to Mama from a bad summer camp. They thought they’d be all jihad, all the time. If the Northern Alliance wants to duck the fight, let them open a corridor south, American aircraft can take it from there. I sure hope Rumsfeld et al have a fallback position here. The U.S. can take prisoners, if need be, by doublecross if need be, but we should definitely not let any of these guys — Pakistani or not — reach Pakistan.
Not that I expected a whole heck of a lot from Musharraf, but it’s beyond me why he is suddenly finding a soft spot in his heart for exactly the grimmest variety of opposition he could imagine. I can only conclude that he is “tacking” back towards the “street” and the Islamists.
Update: David Plotz of Slate weighs in with “Prisoners Dilemma”, in which the legal position of surrendering “unlawful belligerents” (as opposed to regular troops) is examined:
. “Just because they have given up their lawful belligerent status does not mean they have given up all their human rights. They have just given up the special protections accorded to POWs. Once they give up their arms, international law will protect them. They cannot be summarily executed,” says George Washington University law professor Ralph Steinhardt. The consensus of lawyers and scholars seems to be that unlawful belligerents, unlike POWs, can be tried and punished by a victorious power as long as they are treated with basic fairness. The United States will probably conduct a “screening process” to separate the run-of-the-mill Taliban fighters from possible al-Qaida terrorists, says Catholic University law professor Michael Noone. The regular fighters might go free while prisoners identified as potential terrorists would be subject to the military tribunals President George W. Bush established last week. Such tribunals would not violate international conventions if defendants knew the charges against them and defend themselves. Prisoners could be executed after conviction—not summary executions, but certainly morally troublesome ones. [...]
This assumes the United States can get a hold of these guys. I suggest forcing the Northern Alliance to call up Kunduz Talibanistas with an “oh, one more thing” stipulation: all Kunduz forces should be subject to arrest and deportation by U.S. forces. With any “luck,” the surrender is off; otherwise, a somewhat tense handover process begins. How to force that on the Northern Alliance? See below: “no sheltering terrorists” goes for the Northern Alliance, too, and “sheltering terrorists” could be as simple as starting to head south with any of them. Shelter terrorists, expect angry American planes. Mr. Daoud might not even want to risk a brief U.S. attack: it could quickly make hime a quite weaker wolf in the Northern Alliance pack, and the others might finish him off at their leisure. Since the “military tribunals” have been arranged in advance, I can only hope a Kunduz end-game strategy has been prepared as well.