Originally posted by SOB
As they were likely to have at least some information regarding the location of the General, then it made sense to take them into custody for questioning. While in custody their lives were not in danger and they would have been released, General or no. If you honestly have a problem with this, then you are beyond retarded and there is no point in debating the issue.
The act of leaving a ransom note saying "If you want your family released, turn yourself in" pretty much invalidates the claim that they would have been released anyway. And let's face it, they weren't released until he gave himself up, so this claim is rendered to at most nothing more than a cheesey revisionist cop-out (you'll note the report specifies that he added this later). I'd like to think they would have been released, but the ransom note means this intent is highly questionable. It's not much of a defence against a kidnapping rap really is it? "Well, yes we did send a ransom note, and yes we did release them when the ransom was paid, but we would have released them eventually, so we didn't really kidnap them".
The ransom note made them hostages - no note, and they can just be detainees, but sending a ransom note is definitely an indication that the detainees are hostages. And that makes the US Army in violation of the Geneva Convention relative to the Protection of Civilian Persons in Time of War in relation to these 3 articles:
Article 31
No physical or moral coercion shall be exercised against protected persons, in particular to obtain information from them or from third parties.
Article 33
No protected person may be punished for an offence he or she has not personally committed. Collective penalties and likewise all measures of intimidation or of terrorism are prohibited.
Pillage is prohibited.
Reprisals against protected persons and their property are prohibited.
Article 34
The taking of hostages is prohibited.