it does not matter for article 3 whether a person is a prisoner of
war or not. Article 3 applies to any person who is not actively
taking part in the hostilities (even if that's only because they've
been captured). Those are the minimal guarantees applicable
to anybody; prisoners of war (and civilians, and the wounded
and sick) simply enjoy more extensive protection, as laid out in
the subsequent articles of the respective conventions.
So, regardless of how despicable and dangerous a person is and how
lawless their conduct has been, as long as it is a conflict of the
nature described in article 3, all violence to life and person, all
cruel treatment, torture, even humiliating and degrading treatment
are prohibited. There's really no ambiguity whatsoever and no
"clarification" should be needed, as Jim put it.
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