It seems these Iraqi fighters do not qualify for POW status based on their actionb like repeatedly faking surrenders and using wounded as bait to then ill US soldiers with hidden explosives.
http://www.crimesofwar.org/special/Iraq/news-iraq4.htmlThe Right to be a Prisoner of War
It is important to understand that under the customary laws of war combatants have been historically classified in interstate hostilities as either “privileged” or “unprivileged” combatants. The privileged combatant is a person authorized by a party to such an armed conflict to engage in hostilities and thus has the “combatant’s privilege.” This privilege not only entitles him to directly participate in hostilities, but also guarantees him prisoner of war status upon capture and immunity from prosecution by his captor for his lawful acts of war. Members of regular armed forces, including militias or volunteer corps forming such forces, as provided for under Article 4A(1) and (3) of the Third Geneva Convention, are privileged combatants. Although members of regular armed forces are expected to comply with the laws of war, they do not forfeit their right to POW status upon capture even if they commit war crimes. They can, however, be tried and punished for such crimes by their captor.
An “unprivileged” combatant refers to a person who does not have the combatant’s privilege, but nevertheless directly participates in hostilities. Such combatants would include, inter alia, civilians who in violation of their protected status engage in fighting or other hostile acts. However, the law does sanction a levee en masse whereby civilians may spontaneously take up arms in order to resist an invading force. Spontaneity means that there is no time to organize into regular forces. Civilians participating in a levee en masse may qualify for privileged combatant and POW status, provided that they do not conceal their weapons and observe the laws of war. This is the single, limited exception to the proscription against civilians participating in hostilities.
The notion of unprivileged combatants has also been used to describe irregular or part-time combatants, such as guerrillas, partisans and members of resistance groups, who either fail to distinguish themselves from the civilian populations while on active duty or do not otherwise fulfill the requirements for privileged combatant status stated in Article 4A(2) of the Third Convention. This article effectively holds members of independent irregular groups to higher standards than those required of members of regular armed forces.
Specifically, in order to qualify as privileged combatants entitled to POW status, members of irregular groups must comply with the following stringent conditions set forth in sub-paragraph 2 of Article 4A: 1) they must belong to an organized group; 2) they must belong to a party to the conflict; 3) they must be under responsible command; 4) they must have a fixed, distinctive sign recognizable at a distance; 5) they must carry their arms openly and 6) they must conduct their operations in accordance with the laws and customs of war.Most authorities agree that the first three conditions are applicable to the irregular group collectively, while the final three conditions apply both to the group collectively and its individual members. Thus, if a majority of the members of the group fail to meet, for whatever reason, all or any of the last three conditions at any time, then all members of the group will not qualify for privileged combatant and POW status upon capture. Unlike privileged combatants, therefore, unprivileged combatants can be tried and punished for all their hostile acts, even if they otherwise did not violate the laws of war. It should be understood, however, that unprivileged combatants are not as such war criminals although their specific acts might breach the laws of war.
