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CCC - "Illegal Combatants" and the Law of Armed Conflict   (Site not responding. Last check: 2007-09-19) Conversely, combatants serving a country at war do not expect to be held personally responsible for whatever injury they inflict in the course of doing their duty. The ultimate reason to have legal rules defining combatant status is not simply to ensure that the right of combatants to employ vicarious violence is respected, but simultaneously to ensure, as far as possible, that such violence is not directed against civilians. A terrorist or other "illegal combatant" who trades upon his adversary's respect for the law is, in effect, using the law as a weapon. www.ccc.nps.navy.mil /rsepResources/si/aug02/law.asp   (2216 words)

Unlawful combatant - Wikipedia, the free encyclopedia Not wearing the uniform of a sovereign nation (as in spying) or not being under the command authority of a recognizable entity are the chief reasons for a combatant to be classified as "unlawful". Unlawful combatants may retain rights under the Fourth Geneva Convention in that they must be "treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial". However unlike the terms "combatant" "prisoner of war" and "civilian" the term "unlawful combatant", or similar, is not mentioned in either the Hague or the Geneva Conventions. en.wikipedia.org /wiki/Illegal_combatant   (4732 words)

Unlawful combatant Unlawful combatant (also illegal combatant or unprivileged combatant) describes a person who engages in combat without meeting the requirements for a lawful belligerent according to the laws of war as specified in the Third Geneva Convention. Unlawful combatants are likewise subject to capture and detention, but in addition they are subject to trial and punishment by military tribunals for acts which render their belligerency unlawful. Whereas the terms "combatant" "prisoner of war" and "civilian" are generally used and defined in the treaties of international humanitarian law, the terms "unlawful combatant", "unprivileged combatants/belligerents" do not appear in them. www.sciencedaily.com /encyclopedia/unlawful_combatant   (1762 words)

Mercenary - Wikipedia, the free encyclopedia At that point the mercenary becomes an unlawful combatant but they must still be "treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial", because they are still covered by GC IV Art 5. Nevertheless, PMCs may be useful in combatting genocides and slaughters in situations where the UN is unwilling or unable to intervene. In a report on PMCs by the British Foreign and Commonwealth Office (FCO) released in February 2002, the FCO noted that the demand for military services from the UN and international organisations could mean that it would be cheaper to employ PMCs than to use troops from members states. en.wikipedia.org /wiki/Mercenary   (3899 words)

Hit and Run   (Site not responding. Last check: 2007-09-19) Illegal combatants have no rights that I know of under international law, and only the most minimal rights under the Constitution. The U.S. Supreme Court dealt with the rights of illegal combatants in the WWII case involving the German saboteurs, and what Bush is doing is consistent with that case. The difference with the current war is that all of the opposition fighters are nearly all illegal combatants, with the sole exception so far of the Iraqi regular army. www.reason.com /hitandrun/2003/07/where_do_the_ba.shtml   (1722 words)

United Press International - Washington Politics & Policy - Analysis: The truth on 'Gitmo' prisoners   (Site not responding. Last check: 2007-09-19) The key to understanding the prisoners' status is the phrase the administration is now applying to them, "illegal combatants." That is borrowed from Quirin, which is short, unanimous and written in plain English, virtues lacking in most modern Supreme Court decisions. Because they were illegal combatants, the Supreme Court upheld the trial of the saboteurs before a military tribunal, created by executive order of President Roosevelt. Both conventions refer to "illegal combatants." To receive the protection of the Geneva Convention, a captured enemy must meet four conditions: represent a nation, be part of an organized army, wear a uniform (to distinguish him from civilians), and represent a nation that itself applies the convention to its captives. www.upi.com /view.cfm?StoryID=25012002-035929-5672r   (1375 words)

ZenPundit "Illegal combatants" is an issue on which the Bush administration has taken much heat in the last four years. Lawful combatants are subject to capture anddetention as prisoners of war by opposing military forces. It seems to us tobe consistent with reason and the necessities of war to treat a regular combatant in disguise who acts as a saboteur as being in the sameposition as a regular combatant in disguise who acts as a spy. zenpundit.blogspot.com /2005/03/why-bush-administration-is-correct-to.html   (1787 words)

PoWs or Illegal Combatants? But, according to the US administration they were not prisoners of war but illegal combatants, and for that reason such actions by the Americans were justified. So there is nothing legal about the term "illegal combatants", it was invented by the Americans to justify their own brutalities against the prisoners of the illegal American war against Afghanistan. As the American war against Iraq is just as illegal as their war against Afghanistan, the American soldiers are illegal combatants in the true sense of these words. www.shamsali.com /taj/pows.html   (916 words)

What is an Illegal Combatant? A conversation This is illegal, because George is an American and is therefore Good. Ben is an illegal combatant because the government he is working for is illegitimate. Like all illegal combatants and Bad men, he gets what's coming to him (and seeing this, all Good Americans should shout "woo, woo, woo, USA, USA, USA" and cheer because, lo, they have won again). www.inference.phy.cam.ac.uk /mackay/goodbad/Combatant.html   (498 words)

Aljazeera.Net - US court: Guantanamo tribunals illegal   (Site not responding. Last check: 2007-09-19) It was only after a Supreme Court decision in June that allowed them to challenge their detentions in a federal court that the government established the Combatant Status Review Tribunals to evaluate their cases. In its decision, the court also said unless military commission rules were changed to conform to the Uniform Code of Military Justice, Hamdan should not be tried by the commissions and should be moved from a prison wing for those awaiting trial to the general population. The ruling suggests anyone deemed an enemy combatant whom the government wants to try must first go before a panel to determine whether he is a prisoner of war. english.aljazeera.net /NR/exeres/78E09E98-85CC-4B89-AAF9-2A30DD8A5E83.htm   (752 words)

The Review - Rules of Engagement Like the "illegal combatants" held today at the US naval base in Guantánamo Bay, Cuba, these Nazi saboteurs challenged the legality of the military tribunal process. In order to be recognised as legitimate combatants, the Hague regulations required irregular units to "be commanded by a person responsible for his subordinates; to have a fixed distinctive emblem recognisable at a distance; to carry arms openly; and to conduct their operations in accordance with the laws and customs of war." Yet, by seeking to ban detention of illegal combatants in facilities like Guantánamo Bay, this is precisely where the recommendations of the human rights industry would lead. www.aijac.org.au /review/2004/2912/essay2912.html   (3942 words)

War on terror being used to trample rights: experts -DAWN - National; 26 May, 2004 He said Islamic laws denounced the use of excessive force even in a war situation, and clearly stated that even the prisoners of wars and those combatants who were no longer involved in an armed conflict were to be protected. He said Geneva Convention, Hague Convention and UN laws provided protection to the victims of armed conflicts and limited the use of force in a situation where non-combatants were likely to bear the brunt in terms of loss of life and destruction of property and crops along with army regulars. He said even those combatants who had slung their rifles and had decided to call it a day were supposed to be protected under the Geneva convention regardless of the fact if they were known to have committed war crimes in the past. www.dawn.com /2004/05/26/nat19.htm   (517 words)

political discussion forum   (Site not responding. Last check: 2007-09-19) According to the Geneva conventions, a legal ombatant is defined as one who follows a chain of command, wears a uniform, (to differentiate his/herself from the civillian population) and carries his/her arms openly. Generally, guerrilla fighters will also be treated as legal combatants, even if they are not wearing a distinctive uniform, so long as they don'y try and present themselves as civillians as a means of hiding from thier enemies. Even if one is considered to be an illegal combatant, they still must be treated humanely and allowed access to the same legal representation that other criminals are allowed. www.network54.com /Forum/thread?forumid=238025&messageid=1110818587&lp=1110931561   (2541 words)

Radio National Breakfast If some of the prisoners are designated "illegal combatants" - then they won't get the protection of the Geneva Conventions. By definition - "illegal combatants" are fighters who have replaced their army uniforms with civilian clothing - or who aren't fighting under the command of a state. The US has used the term "illegal combatants" to detain - without charge and other protections - thousands of prisoners taken during the War in Afghanistan. www.abc.net.au /rn/talks/brkfast/stories/s822227.htm   (124 words)

DefenseLINK News: Coalition Holds 2,000 Prisoners in Umm Qasr; 7,000 Others Released Captives are put into one of three categories: enemy prisoner of war, illegal combatants or criminals. Senior military officials and unlawful combatants are not released. Goetzke described illegal combatants as individuals who were not wearing uniforms and not carrying arms in an open manner. www.defenselink.mil /news/May2003/n05082003_200305083.html   (588 words)

Provision for Legal Detention of Unlawful Combatants The court was silent about indefinite detention of similar illegal combatants. Obviously, in cases of "rebellion or invasion," other measures can be taken and Congress should make a provision for dealing with these new illegal combatants in a thoughtful and formal way. Via legislation, Congress should provide the temporary authority for the executive branch to detain those who it has strong reason to believe are part of the foreign network at war with the United States. www.suite101.com /article.cfm/392/93122   (780 words)

GUEST COMMENTARY - TALIBAN PRISONERS IN GAUNTANAMO: PRAYING MAY BE THEIR ONLY HOPE, BY PETER SCHEY The Bush Administration, known for its dislike of international laws, argues these fighters are "illegal combatants," and therefore not protected by the Geneva Conventions on prisoners' rights. Legal war or not, the overwhelming majority view is that combatants captured in an international armed conflict are at minimum prisoners of war entitled to the protections of the Geneva Conventions of 1949. We can never credibly determine whether these prisoners are innocent, or simply war combatants, or murderous terrorists, if we don't respect the rule of law in the inquiry to find out. www.visalaw.com /02feb3/15feb302.html   (1631 words)

Captain's Quarters: Comment on Stop The Presses: CIA Uses "Harsh" Interrogation Techniques on Al-Qaeda Leaders   (Site not responding. Last check: 2007-09-19) So while we as a nation are forbidden to torture, even of "illegal combatants", we get around that requirement simply by shipping our detainees to our allies who have no such restriction. Second, illegal combatants are not eligible for trials, they are only guaranteed military tribunals and not in any particular time frame. That is why a *limited group* of trained intelligence professionals may or may not be involved (because we don't know for sure, do we?) in the use of special interrogation techniques on illegal combatants to obtain further intelligence on their compatriots' operations. www.captainsquartersblog.com /mt/mt-comments.cgi?entry_id=1577   (1419 words)

Handling Illegal Enemy Combatants   (Site not responding. Last check: 2007-09-19) Soldiers and peacekeepers are likely to encounter all sorts of combatants in foreign lands, from women and children, to the disabled and deranged, to a variety of insurgents and sympathizers, as well as those who are suspected members of a terrorist network. Those combatants ascribed the status of "unlawful combatant" (sometimes called unprivileged combatant, irregular soldier, or "franc-tireur" - French for "free shooter" or armed resistance fighter) are usually cases of doubt as to whether such cases should be granted POW (Prisoner of War) status or criminal status. United States policy on the handling of illegal combatants calls for some kind of duly constituted court and can be traced to the 1942 precedent of ex parte Quirin. faculty.ncwc.edu /toconnor/430/430lect16.htm   (1527 words)

Camp X-Ray - Freepedia   (Site not responding. Last check: 2007-09-19) The U.S. government has classified the detainees in Camp X-Ray as "illegal combatants," rather than prisoners of war (POWs), and they have therefore not been given the rights granted to POWs under the Geneva convention. The US government justifies their designation as "illegal combatants" by claiming that they do not have the status of either regular soldiers nor guerrillas, and they are not part of a regular army or militia. On June 15 Brigadier General Janis Karpinski at the centre of the Abu Ghraib prisoner abuse in Iraq said she was told from the top to treat detainees like dogs as it is done in Guantanamo. en.freepedia.org /Camp_X-Ray.html   (2247 words)

Illegal Combatants in Illegal War The US government claims that these men are not subject to the Geneva conventions, as they are not “prisoners of war”, but “unlawful combatants”. The same claim could be made, with rather more justice, by the Iraqis holding the US soldiers who illegally invaded their country. But this redefinition is itself a breach of Article 4 of the third convention, under which people detained as suspected members of a militia (the Taleban) or a volunteer corps (Al-Qaeda) must be regarded as prisoners of war. www.geocities.com /hal9000report/hal104.html   (1094 words)

The Command Post - Iraq - "Illegal Combatants" Coalition forces are segregating from other military prisoners those suspects they believe are from militias or may be Saddam loyalists fighting in the fedayeen. The hearings will determine whether they are released, held as POWs or declared illegal combatants. Any found to have used civilians as shields or otherwise violated the international laws of war would be declared illegal combatants and sent to Guantanamo Bay or other secure jails. www.command-post.org /archives/003135.html   (188 words)

FREE MARKET FAIRY TALES: POWs or Illegal Combatants?   (Site not responding. Last check: 2007-09-19) Over the last few days, the liberal-left’s civil rights movement has drawn a deep breath & swung into action. Combatants who disguise themselves as civilians, endanger civilians. Soldiers in a conflict may be held as POWs, without trial, until the end of conflict. www.fmft.net /archives/000198.html   (507 words)

Out of Control Soldiers or Approved Intimidation of "Illegal Combatants?" Since May 1, 2003, when “major combat” ended, the Bush administration has constantly referred to the people attacking and killing “coalition” troops, as “thugs,” “hoodlums,” “insurgents,” and “terrorists.” Perhaps they did not consider any of these prisoners to be POWs with rights under the Geneva Convention of 1949. Therefore, as “illegal combatants,” these prisoners could be interrogated using methods similar to those used in Afghanistan and Guantanamo’s Camp X-Ray, which reportedly have included sleep deprivation, humiliation, use of women to interrogate Muslim males, and use of measures that were offensive to Arabs and Muslims because of cultural or religious mores. Certainly measures used at Abu Ghraib, such as being naked in public or in the presence of women, the use of dogs in the interrogation rooms or cells of the prisoners and being treated like a dog through the use of a dog collar and leash were patently offensive to Muslims. journals.aol.com /frosty40m/IraqWar/entries/392   (1195 words)

Does Human Rights Law Apply to Terrorists? - Middle East Quarterly - Fall 2004 Both Amnesty International and Human Rights Watch condemn Washington's characterization of captured jihadists as illegal combatants as a violation of the Geneva Conventions. In order to be recognized as legitimate combatants, the Hague regulations required irregular units to "be commanded by a person responsible for his subordinates; to have a fixed distinctive emblem recognizable at a distance; to carry arms openly; and to conduct their operations in accordance with the laws and customs of war." The key to their effectiveness—and the ability of Western democracies to fight terrorism—lies in their ability to establish a clear differentiation between licit and illicit means of conducting armed conflict. www.meforum.org /article/651   (4677 words)

TalkLeft: ACLU to Get Abu Ghraib Torture Photos   (Site not responding. Last check: 2007-09-19) I don't care if they were illegal combatants or psychotic rapists and cannibals, due process and the rule of law is the American way, not torture. Even if we accept your contention that these people were illegal combatants, and even the miltary admits that many of the detainees were innocents caught up in sweeps and were guilty of nothing, they still have to be treated humanely. And a person captured in combat is not a "civilian." He`is an illegal combatant. www.talkleft.com /new_archives/010965.html   (2853 words)

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