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Topic: Lawful combatant

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	Informat.io on Unlawful Combatant
		The term unlawful combatant (also unlawful enemy combatant or unprivileged combatant/belligerent) is a term used by the Bush administration to label certain persons they consider outside of the protection of the Geneva Conventions; those to whom they do grant such protections they refer to as lawful combatants.
		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.
		Lawful combatants are subject to capture and detention as prisoners of war by opposing military forces.
	www.informat.io /?title=unlawful-combatant (7462 words)

	FrontPage magazine.com :: Who's Who among American Terrorists by Henry Mark Holzer
		Lawful combatants are subject to capture and detention as prisoners of war.
		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.
		This distinction drawn by the Quirin Court is obvious: An enemy fighter captured on the field of battle in uniform is a lawful combatant/prisoner of war; an enemy fighter captured not on the field of battle not in uniform is an unlawful combatant.
	www.frontpagemag.com /Articles/ReadArticle.asp?ID=3931 (1530 words)

	PARAMETERS, US Army War College Quarterly - Summer 2005
		Lawful combatants include organized armed forces of sovereign states, members of other volunteer corps and organized resistance movements meeting strict criteria (e.g., carrying arms openly, following the laws and customs of war), and civilians spontaneously taking up arms on the approach of the enemy and also following the laws and customs of war.
		Alternatively, it’s sometimes argued that terrorists are “unlawful combatants.” The concept of an unlawful combatant first emerged in the 19th century to encompass spies, saboteurs, and guerrilla fighters, whose mode of operations didn’t comport with established rules on military identification and overtly conducted military operations.
		The customary law of war is a dynamic, evolving component of international law and continues to fill the gap where treaties fail.
	www.carlisle.army.mil /usawc/Parameters/05summer/hoffman.htm (6850 words)

	Crimes Of War Project > The Book
		The importance of being a lawful combatant is twofold.
		Wear a distinctive sign or article of clothing visible at a distance in order to indicate that he is a combatant and a potential target who may lawfully be attacked by opposing forces; this provision is for the protection of noncombatant civilians.
		To qualify as combatants under Common Article 3, guerrillas must meet the requirements under customary law, chiefly to conduct themselves with the discipline necessary to show that they adhere to the laws of war.
	www.crimesofwar.org /thebook/guerrillas.html (1164 words)

	Voluntary human shields
		If the voluntary human shields are regarded as combatants, their very presence may serve to lower the thresholds of proportionality and necessity.
		Such combat would still be regulated by international humanitarian law, rather than being in the context of a reprisal.
		We submit that one of the fundamental aims of international humanitarian law is to reduce the suffering of those involved in armed conflicts, and this is best achieved by involving as few people as possible, especially civilians, in such conflict.
	www.wischik.com /marcus/essay/humanshields.html (2072 words)

	Crimes Of War Project > The Book
		DNA coding may mean that there simply will be no more “unknown soldiers.”; Regardless of the methods used, identification as a lawful combatant and a member of the armed forces is crucial to determining the treatment to be afforded—whether sick, wounded, dead, or captured; whether a soldier, medic, or civilian.
		While the military uniform may be circumstantial evidence that the person in it is a lawful combatant, the laws of war do not recognize the uniform alone as absolute proof that a person is a member of the military.
		Perhaps more important, a party to the conflict is not obligated to extend prisoner of war status to persons who are not lawful combatants.
	www.crimesofwar.org /thebook/identification.html (836 words)

	Balkinization
		By definition, an enemy combatant of any type cannot be a civilian and the detention must be during wartime for the person to be a combatant.
		Thus, under process of elimination under this legislation, an unlawful combatant is a combatant, not a civilian, who does not fall under the definition of lawful combatant.
		A combatant is the polar opposite of a noncombatant civilian bystander.
	balkin.blogspot.com /2006/09/imagine-giving-donald-rumsfeld.html (4469 words)

	Unlawful combatant - Wikipedia, the free encyclopedia
		The term unlawful combatant (also unlawful enemy combatant or unprivileged combatant/belligerent) is a term used to label certain persons considered outside of the protection of the Geneva Conventions; those to whom such protections are granted are referred to as lawful combatants.
		There are allegations that the Bush Administration’s policy of classification and detention of persons designated as "unlawful enemy combatants" is based on a presumption that the Geneva Conventions and Constitutional safeguards are an obstacle in the pursuit of the War on Terrorism according to Terry Gill and Elies van Sliedregt in the Utrecht Law Review.
		Accordingly, the judgment of the district court is reversed.
	en.wikipedia.org /wiki/Unlawful_combatant (7869 words)

	Enemy Combatants
		The term “enemy combatant” is not a term of art which has a long established meaning.
		By universal agreement and practice, the law of war draws a distinction between the armed forces and the peaceful populations of belligerent nations and also between those who are lawful and unlawful combatants.
		Now, as the ABA states, the only precedent for "enemy combatants" or "illegal combatants" seems to be the 1942 Nazi saboteur case.
	home.earthlink.net /~kstengel226/terror/civ.lib1.html (798 words)

	Handling Illegal Enemy Combatants (Site not responding. Last check: 2007-11-05)
		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 persons should be granted POW (Prisoner of War) status or criminal status.
		Technically, an "unlawful combatant" is someone who commits belligerent acts but does not qualify as a lawful combatant (under Geneva Convention III Articles 4 and 5).
		Summarily, for the purposes of US law, two key elements give rise to the criminality of torture; (1) that the torturous act must be specifically intended to cause severe physical or mental pain and suffering, and (2) that the act did, in fact, inflict severe [or extreme] physical or mental pain or suffering.
	faculty.ncwc.edu /toconnor/430/430lect16.htm (10160 words)

	t r u t h o u t - Jennifer Van Bergen \| Bush's Gulag
		You are either a lawful combatant or an unlawful one.
		Lawful combatants, when captured, are afforded prisoner-of-war (POW) rights under the third Geneva Convention (sometimes called Geneva III or GPW).
		She has a law degree from Benjamin N. Cardozo School of Law in New York, and is a faculty member of the New School University in New York where she teaches in the writing program.
	www.truthout.org /docs_02/12.18C.jvb.gulag.htm (1663 words)

	OpinionJournal - REVIEW & OUTLOOK
		The Geneva Conventions of 1949 govern the treatment of lawful combatants and civilians during wartime.
		By identifying terrorists as illegal combatants and treating them accordingly, the Administration was attempting to remedy the defects of the pre-September 11 legal architecture for handling terrorists.
		What the world needs is a new legal framework for distinguishing between legal and illegal combatants, but instead we are now heading toward the European model where terrorism is seen as just another fact of life and not a unique evil or grave threat.
	www.opinionjournal.com /forms/printThis.html?id=110008645 (935 words)

	Combatant - Wikipedia, the free encyclopedia
		A combatant is a person who takes a direct part in the hostilities of an armed conflict who upon capture qualifies for prisoner of war under the Third Geneva Convention (GCIII).
		An unlawful combatant is someone, such as a mercenary, who take a direct part in the hostilities but who upon capture does not qualify for prisoner of war status.
		The last time that American and British unlawful combatants were executed after "a regularly constituted court" was Luanda Trial in Angola in June 1976.
	en.wikipedia.org /wiki/Lawful_combatant (508 words)

	The Problematic Nexus: Where Unmanned Combat Air Vehicles and the Law of Armed Conflict Meet (Site not responding. Last check: 2007-11-05)
		More importantly, civilian personnel who are illegal combatants constitute a legitimate military target, can be legally prosecuted for their wartime actions, and do not enjoy the same prisoner of war protections as lawful combatants under the Geneva Conventions.
		The law of armed conflict calls for using only that degree and kind of force required for the partial or complete submission of the enemy, while considering the minimum expenditure of time, life, and physical resources.
		While uniformed members of the armed forces fall under the definition of a lawful combatant, a civilian UCAV operator could arguably be considered an illegal combatant under the law of armed conflict.
	www.airpower.maxwell.af.mil /airchronicles/cc/klein.html (4281 words)

	Unlawful combatant Summary
		An unlawful combatant (also unlawful enemy combatant or unprivileged combatant/belligerent) is a person who is accorded neither the rights a soldier would normally have under the laws of war, nor the civil rights a common criminal would normally have.
		Should there be doubt about whether persons have fulfilled the conditions that confer prisoner of war status, Article 5 of the GCIII states that their status may be determined by a "competent tribunal" and until such time they are to be treated as prisoners of war.
		Rumsfeld the US Supreme Court did not rule on the subject of unlawfal combatant status but did reaffirm that the US is bound by the Geneva Conventions.
	www.bookrags.com /Unlawful_combatant (7528 words)

	SR.com: Court exonerates chief hanged in 1858
		It was the news her tribe had waited to hear since 1858, when Nisqually Chief Leschi was hanged for the murder of a white militia soldier.
		On Friday, a "Historical Court of Justice," led by state Supreme Court Justice Gerry Alexander, determined that Leschi should never have been charged with the crime because he acted as a lawful combatant during a time of war.
		But the judges were convinced that Leschi should have been protected by the rules of war, which prevent lawful combatants from being prosecuted.
	www.spokesmanreview.com /tools/story_pf.asp?ID=42690 (562 words)

	Senate Panel Defies Bush on Detainee Bill - Page 5 - Arizona Sports Fans Network
		It defines them as unlawful enemy combatants, it says they have no right to present a case that they are innocent to either a military or other court until they have been charged, but they do not have to BE charged -- ever.
		Alien being a non citizen of the US and unlawful enemy combatant being any individual who is engaged in hostilities against the US who is not a member of a regular army.
		Once we decide you are an enemy combatant, or for however long it takes us to figure that out, if we don't get around to charging you, you have no legal basis to protest being held.
	www.arizonasportsfans.com /vb/showthread.php?p=1109553 (3529 words)

	Balkinization
		It has not withdrawn, and the Executive branch of the government could not, unless there was suspension of the writ, withdraw from the courts the duty and power to make such inquiry into the authority of the commission as may be made by habeas corpus.").
		Thus, the legislation defines unlawful enemy combatants by process of elimination as all combatants who are not lawful just like the original definition.
		The only real change here is the clarification that the enemy combatant does not have to be a front line fighter and may also be service or support personnel.
	balkin.blogspot.com /2006/09/it-gets-worse.html (1444 words)

	The Geneva Conventions and Habeas Corpus: Why the Left-Wing Reactionaries are Wrong
		First, there is such a thing as a lawful combatant (which makes anyone not living up to that standard unlawful).
		But unlawful combatants, the kind we are dealing with today, have never been given the full protections of the Geneva Conventions.
		This is a dangerously broad definition of “illegal enemy combatant” in the bill could subject legal residents of the United States, as well as foreign citizens living in their own countries, to summary arrest and indefinite detention with no hope of appeal.
	www.freerepublic.com /focus/f-news/1722386/posts (1898 words)

	Are You an 'Unlawful Combatant'? Maybe...
		The compromise legislation, which is racing toward the White House, authorizes the president to seize American citizens as enemy combatants, even if they have never left the United States.
		At their most feverish, the more excitable among them have theorized that the First Amendment is expendable when it comes to the “war on terrorism,”; and that speech that tends to “incite” violence in the form of terrorism can be legitimately curtailed.
		Certainly the Europeans — with recent legislation limiting speech in Britain, and “hate speech” laws endemic throughout the European Union — have made great strides along this road.
	gnn.tv /threads/20288/Are_You_an_Unlawful_Combatant_Maybe (1867 words)

	Osama in Genevaland. Terrorists are now getting lawful-combatant legitimacy
		In my view, those who murder innocent men, women and children under cloak of deceit, are not lawful combatants and are not deserving of humane treatment.
		The opposing forces in the Vietnam War consisted of the North Vietnamese Army (legitimate combatants) and the VC (terrorists).
		The single exception for the Pentagon's adoption of this policy is if they intended to relax or withdraw the requirement of a uniform for our military in combat zones and allow our forces to "go native" in an effort to level the playing field.
	www.freerepublic.com /focus/f-news/1664825/posts (2751 words)

	I Hereby Declare Myself an Enemy Combatant
		I hereby declare myself an Unlawful Enemy Combatant.
		No, I am not, nor have I ever been part of the Taliban, al Qaeda, or associated forces, but I will save a Combat Status Review Tribunal or any other [in]competent tribunal established by Dubya or Rummy the trouble.
		Yes, I know this means I can be tortured under whatever distorted definition of “information gathering” these war criminals utilize to make me admit that I am a terrorist.
	www.strike-the-root.com /62/losapio/losapio2.html (825 words)

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