This State Department memo addresses the question of applying Article 5 of the Geneva Convention to the Guantanamo detainees. The memo states POW status does not apply to the Taliban or to Al Qaeda because they are: 1) not subject to military command; 2) wear uniforms with insignia; 3) carry arms openly; or 4) follow laws and customs of war. The memo further states that the US "does not need to convene Article 5 tribunals to make status determinations because there is no doubt about the detainees' status." Even when in doubt, Article 5 tribunals only necessary if US ceases providing "humane treatment."