Even tempting detainees who are POWs with a candy bar to answer questions beyond name, rank and serial number violates the Third Geneva Convention. As for his hypothetical "American citizen," he or she might benefit from the civilian protections of the Fourth Geneva Convention depending on circumstances.

These distinctions matter, because the Geneva Conventions are about more than subjective opinions of what constitutes "humane" treatment. The Conventions themselves make very clear distinctions between POWs and others; and it's clear that the terrorists held at Guantanamo don't meet the criteria spelled out in the Third Geneva Convention for designation as POWs. Perhaps Mr. Reed's constituents would like to know that under the standard he wants imposed, even al Qaeda detainees would be off-limits to all but pro forma interrogation.

A reading would also inform the Senator that--apart from Iraqi soldiers detained in uniform and certain members of Saddam Hussein's chain of command--most Iraqi detainees are arrested as civilians and fall under the protection not of the Third Geneva Convention but of the Fourth.

The Fourth allows--indeed obliges--an occupying power to use its discretion within wide parameters to maintain law and order (Article 64), and contains no specific restriction on interrogation, other than saying that "protected persons" not be subjected to "physical or moral coercion" (Article 31). But--note well--protected persons are defined as "persons taking no active part in the hostilities" (Article 3).

In other words, the Geneva Conventions do not speak specifically to the interrogation treatment of non-uniformed Baathist or jihadi guerrillas detained in connection with attacks on U.S. forces or Iraqi civilians. Except that the Fourth does permit us to execute them (Article 68)--a practice often seen in the less politically correct wars of years past.