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Sorry I reacted a bit too fast. I think Article 3 applies in all cases, except when a country admits that there is no war, in that case it must apply ordinary criminal legislation. The point about the new category is that in cases of international conflict, there may be categories other than armed forces, POWs and civilians, which were not envisaged in 1949. But personally I would be quite happy if countries would treat terrorism as a criminal question, not as an unending war.