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Encyclopedia > Lawful combatant

A combatant (also referred to as an enemy combatant) is a soldier or guerrilla member who is waging war. Under the Geneva Conventions, persons waging war must have the following four characteristics to be protected by the laws of war:

  1. In uniform: Wear distinctive clothing making them recognizable as soldiers from a distance.
  2. Openly bearing arms: Carrying guns or small arms and not concealing them.
  3. Under officers: Obedient to a chain of command ending in a political leader or government.
  4. Fighting according to the laws of war: Not committing atrocities or crimes, not deliberately attacking civilians or engaging in terrorism.

A combatant who has surrendered or been captured becomes a prisoner of war.


A captured person not wearing a uniform who is caught carrying weapons or engaging in warlike acts (such as a spy) is not a lawful combatant and is therefore not protected by the laws of war. Such persons should be treated according to applicable civilian laws (if any) or the Geneva Conventions. In practice they may be tortured (contrary to current international law) or executed .


See also


  Results from FactBites:
 
Informat.io on Unlawful Combatant (7462 words)
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.
FrontPage magazine.com :: Who's Who among American Terrorists by Henry Mark Holzer (1530 words)
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.
  More results at FactBites »


 

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