Unlawful combatant (also illegal combatant or unprivileged combatant) describes a person who engages in combat without meeting the requirements for a lawful combatant according to the laws of war as specified in the Third Geneva Convention. This is a disambiguation page — a navigational aid which lists other pages that might otherwise share the same title. ... A combatant (also referred to as an enemy combatant) is a soldier or guerrilla member who is waging war. ... The laws of war (Jus in bello) define the conduct and responsibilities of belligerent nations, neutral nations and individuals engaged in warfare, in relation to each other and to protected persons, usually meaning civilians. ... The Third Geneva Convention (GCIII) primarily regarded the treatment of prisoners of war (POWs), and also touched on other topics. ...

Belligerents that identify such unlawful enemy combatants may not necessarily accord them the rights of prisoners of war as described in the Third Geneva Convention. 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". A belligerent in warfare describes one of the contracting parties in the conflict; that is, one of the powers at war in contrast to neutral countries and non-belligerents. ... Geneva Convention definition A prisoner of war (POW) is a soldier, sailor, airman, or marine who is imprisoned by an enemy power during or immediately after an armed conflict. ... The Third Geneva Convention (GCIII) primarily regarded the treatment of prisoners of war (POWs), and also touched on other topics. ... The Fourth Geneva Convention (GCIV) relates to the protection of civilians during times of war in the hands of an enemy and under any occupation by a foreign power. ...

The United States administration uses the term illegal enemy combatant to describe people detained by the United States under some Presidential military orders. However as the United States' courts have not yet ruled that any of the detainees have faced a "competent [military] tribunal", this phrase is not a legal description of the detainees status.

International law and practice

The term has been around for at least 100 years and has been used in legal literature, military manuals and case law. 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. So while the former terms are well understood and clear under international law, the term "unlawful combatant" is not. The longtime status of Netherlands as a largely neutral nation in international conflicts and the corresponding ascendance of The Hague as a primary location for diplomatic and international conferences has led to several negotiated conventions over the years being termed the Hague Convention: The Hague Conventions of 1899 and 1907... The Geneva Conventions consist of treaties formulated in Geneva, Switzerland that set the standards for international law for humanitarian concerns. ...

Prisoners of war

The Geneva Convention relative to the Treatment of Prisoners of War, 12 August (1949) (GCIII) of 1949 defines the requirements for a captive to be eligible for treatment as a prisoner of war (POW). A lawful combatant is a person who commits belligerent acts but if captured, would be a considered POW. An unlawful combatant is someone who commits belligerent acts, but does not qualify under GCIII Articles 4 and 5. The Third Geneva Convention (GCIII) primarily regarded the treatment of prisoners of war (POWs), and also touched on other topics. ... August 12 is the 224th day of the year (225th in leap years) in the Gregorian Calendar. ... 1949 is a common year starting on Saturday. ... A combatant (also referred to as an enemy combatant) is a soldier or guerrilla member who is waging war. ...

Article 4

A. Prisoners of war, in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy:

1. Members of the armed forces of a Party to the conflict as well as members of militias or volunteer corps forming part of such armed forces.

2. Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfil the following conditions:

(a) That of being commanded by a person responsible for his subordinates;

(b) That of having a fixed distinctive sign recognizable at a distance;

(c) That of carrying arms openly;

(d) That of conducting their operations in accordance with the laws and customs of war.

3. Members of regular armed forces who profess allegiance to a government or an authority not recognized by the Detaining Power.

4. Persons who accompany the armed forces without actually being members thereof, such as civilian members of military aircraft crews, war correspondents, supply contractors, members of labour units or of services responsible for the welfare of the armed forces, provided that they have received authorization from the armed forces which they accompany, who shall provide them for that purpose with an identity card similar to the annexed model.

5. Members of crews [of civil ships and aircraft], who do not benefit by more favourable treatment under any other provisions of international law.

6. Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war.

B. The following shall likewise be treated as prisoners of war under the present Convention:

1. Persons belonging, or having belonged, to the armed forces of the occupied country...

...

Article 5

...

Should any doubt arise as to whether persons, having committed a belligerent act and having fallen into the hands of the enemy, belong to any of the categories enumerated in Article 4, such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal.

These terms thus divide people in a war zone into two classes. Those in armies and militias and the like (lawful combatants), and then those who are not. Those in armies and militias and the like have the right to be treated as prisoners of war upon capture and those not in armies and militias do not have the right to be treated as prisoners of war upon capture.

The critical distinction is that a "lawful combatant" (defined above) cannot be held personally responsible for acts prosecuting that combat, unless they commit war crimes or crimes against humanity. And if captured, they have to be treated as prisoners of war - basically they can be detained (more humane than killing them), but must be provided for, treated with respect, and so on.

If there is any doubt about whether an alleged combatant is a "lawful combatant" then they must be held as a Prisoner of War until their status has been determined by "a competent tribunal". If that tribunal rules that the combatant is an "unlawful combatant" then their status changes to that of a civilian which may give them some rights under Fourth Geneva Convention.

Persons who are not prisoners of war in an international conflict

A non-combatant civilian "in the hands" of an enemy or an Occupying Power often gains rights through Geneva Convention Relative to the Protection of Civilian Persons in Time of War, 12 August (1949) (GCIV) if they qualify as a "protected person". The Fourth Geneva Convention (GCIV) relates to the protection of civilians during times of war in the hands of an enemy and under any occupation by a foreign power. ... August 12 is the 224th day of the year (225th in leap years) in the Gregorian Calendar. ... 1949 is a common year starting on Saturday. ... The Fourth Geneva Convention (GCIV) relates to the protection of civilians during times of war in the hands of an enemy and under any occupation by a foreign power. ...

Article 4. Persons protected by the Convention are those who, at a given moment and in any manner whatsoever, find themselves, in case of a conflict or occupation, in the hands of a Party to the conflict or Occupying Power of which they are not nationals.

Nationals of a State which is not bound by the Convention are not protected by it. Nationals of a neutral State who find themselves in the territory of a belligerent State, and nationals of a co-belligerent State, shall not be regarded as protected persons while the State of which they are nationals has normal diplomatic representation in the State in whose hands they are.

If they fulfil the criteria they are a 'protected person' and are entitled to all the protections mentioned in GCIV. It should be emphasised that a national of neutral state, with normal diplomatic representation, in a war zone is not a protected person under GCIV.

But what of a combatant who does not qualify for POW status? If they qualify as a 'protected person' they get all the rights which a non-combatant civilian gets under GCIV but the Party to the conflict may invoke Articles of GCIV to curtail those rights. The relevant Articles are Article 5 and Article 42.

Part I. General Provisions

...

Art. 5 Where in the territory of a Party to the conflict, the latter is satisfied that an individual protected person is definitely suspected of or engaged in activities hostile to the security of the State, such individual person shall not be entitled to claim such rights and privileges under the present Convention as would, if exercised in the favour of such individual person, be prejudicial to the security of such State.

Where in occupied territory an individual protected person is detained as a spy or saboteur, or as a person under definite suspicion of activity hostile to the security of the Occupying Power, such person shall, in those cases where absolute military security so requires, be regarded as having forfeited rights of communication under the present Convention.

In each case, such persons shall nevertheless be treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial prescribed by the present Convention. They shall also be granted the full rights and privileges of a protected person under the present Convention at the earliest date consistent with the security of the State or Occupying Power, as the case may be.

...

Section II. Aliens in the territory of a party to the conflict

...

Art. 42. The internment or placing in assigned residence of protected persons may be ordered only if the security of the Detaining Power makes it absolutely necessary.

It is likely that if they have been found to be "unlawful combatant" by "a competent tribunal" under GCIII Article 5 and they are a protected person under GCIV, that the Party to the conflict will invoke GCIV Article 5. In which case the "unlawful combatant" does not have the "rights and privileges under the present Convention as would, if exercised in the favour of such individual person, be prejudicial to the security of such State". They do however retain the right "to be treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial prescribed by the present Convention."

If after "fair and regular trial" they are found guilty of a crime then the "unlawful combatant" can be punished by whatever lawful methods are available to the Party to the conflict.

If the Party does not use Article 5 the Party may invoke Article 42 of GCIV and use "internment" to detain the "unlawful combatant".

Persons who are not prisoners of war in an internal conflict

Civilians are covered by GCIV Article 3:

1) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.

...

(d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.

...

An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict.

The Parties to the conflict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention.

...

But what of a combatant who does not qualify for POW status? Then they can expect to be treated humanely and before they are punished they can expect to get a trial in "a regularly constituted court".

The last time that American and British unlawful combatants were executed after "a regularly constituted court" was the Mercenary trial in Luanda, Angola in June, 1976. A mercenary is a soldier who fights, or engages in warfare primarily for money, usually with little regard for ideological, national or political considerations. ... Luanda (formerly called Loanda) is the largest city and capital of Angola. ... 1976 is a leap year starting on Thursday (link will take you to calendar). ...

Domestic law

United States

The term has been around for at least 100 years and has been used in legal literature, military manuals and case law. It was introduced into US domestic law in 1942 by a United States Supreme Court decision in the case ex parte Quirin. In this case, the Supreme Court upheld the jurisdiction of a U.S. military tribunal over the trial of several German saboteurs in the US. This decision states (emphasis added and footnotes removed): 1942 was a common year starting on Thursday (link will take you to calendar). ... The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... Ex parte Quirin, 317 U.S. 1 (1942), a United States Supreme Court case. ... This article is about Sabotage sabotage can also refer to: an early Black Sabbath album (Sabotage), the Alfred Hitchcock films (Sabotage or Saboteur), a Beastie Boys song, or a type of shock site. ...

"...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. Lawful combatants are subject to capture and detention as prisoners of war by opposing military forces. 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. The spy who secretly and without uniform passes the military lines of a belligerent in time of war, seeking to gather military information and communicate it to the enemy, or an enemy combatant who without uniform comes secretly through the lines for the purpose of waging war by destruction of life or property, are familiar examples of belligerents who are generally deemed not to be entitled to the status of prisoners of war, but to be offenders against the law of war subject to trial and punishment by military tribunals."

The Supreme court ruling on the Quirin case was over sixty years ago; since then the United States has signed and ratified the 1949 Geneva Conventions, which are, therefore, considered to be a part of US domestic law. The court cases which are currently grinding their way through the US judicial system should clarify the US domestic legal position and its precived international treaty obligations.

In the wake of the September 11, 2001 attacks the United States Congress passed a resolution known as the Authorization for Use of Military Force (AUMF)on September 18 2001. In this, Congress invoked the War Powers Resolution and stated: The September 11, 2001 attacks were a series of coordinated terrorist attacks carried out in the United States on September 11, 2001. ... September 18 is the 261st day of the year (262nd in leap years). ... The War Powers Resolution (Public Law 93-148) limits the power of the President of the United States to wage war without the approval of the Congress. ...

That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.^{[1] (http://en.wikipedia.org/wiki/Unlawful_combatant#fn_AUMF)}

Using the authorization granted to him by Congress, on November 13, 2001, President Bush issued a Presidential Military Order: "Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism"^{[2] (http://en.wikipedia.org/wiki/Unlawful_combatant#fn_MilitaryOrder)} which allowed "individuals ... to be detained, and, when tried, to be tried for violations of the laws of war and other applicable laws by military tribunals", where such individuals are a member of the organization known as al Qaida; or has conspired or committed acts of international terrorism, or have as their aim to cause, injury to or adverse effects on the United States, its citizens, national security, foreign policy, or economy. The order also specifies that the detainees are to be treated humanely. The length of time for which a detention of such individuals can continue before being tried by a military tribunal is not specified in the military order. The individuals detained under the military order are "detainees", The U.S. administration describes the detainees held under the military order as "Illegal enemy combatants". This is not a legal definition because none of them have yet been in front of a military tribunal to ascertain if they are enemy combatants who have broken the laws of war. November 13 is the 317th day of the year (318th in leap years) in the Gregorian Calendar, with 48 days remaining. ... 2001 is a common year starting on Monday of the Gregorian calendar. ... The laws of war (Jus in bello) define the conduct and responsibilities of belligerent nations, neutral nations and individuals engaged in warfare, in relation to each other and to protected persons, usually meaning civilians. ...

With the U.S. invasion of Afghanistan some hawkish lawyers in the Justice Department's Office of Legal Aid and in the office of White House counsel Alberto Gonzales advised Bush that he did not have to comply with the Geneva Conventions in handling detainees in the war on terror. This applied not only to members of Al Queda but the entire Taliban, because, they argued, Afghanistan was a "failed state". Despite opposition from the U.S. State Department, which warned against ignoring the Geneva Conventions, the Bush administration thenceforth began holding such individuals captured in Afghanistan under the military order and not under the usual conditions of Prisoners of War. For thoses U.S. citizens detained under the military order US officials, such as Vice President Dick Cheney, argue that the urgency of the post-9/11 environment called for such tactics in administration's war against terrorism. The United States, with support from the United Kingdom, Australia, Canada and the Northern Alliance, invaded Afghanistan in October 2001 as part of its War on Terrorism campaign. ... Hawkishness or Hawkism is an informal term used to describe a political stance of preparedness for aggression, by diplomatic and ultimately military means, against others to improve the standing of their own government, country or organization. ... The United States Department of Justice (DOJ) is a Cabinet department in the United States government designed to enforce the law and defend the interests of the United States according to the law and to ensure fair and impartial administration of justice for all Americans. ... The southern side of the White House The White House is the official residence and principal workplace of the President of the United States. ... Alberto R. Gonzales (born August 4, 1955 in San Antonio, Texas, USA) is the current Attorney General of the United States. ... The War on terrorism or War on terror is a global effort by the governments of several countries (primarily the United States and its principal allies) to neutralize international groups it deems as terrorist (primarily radical Islamist terrorist groups, including al-Qaida) and insure rogue nations no longer support terrorist... The Taliban (Pashtun and Persian: طالبان; students of Islam), also transliterated as Taleban, is an Islamist movement which ruled most of Afghanistan from 1996 until 2001, despite having diplomatic recognition from only three countries: the United Arab Emirates, Pakistan, and Saudi Arabia. ... The United States Department of State, often referred to as the State Department, is the Cabinet-level foreign affairs agency of the United States government, equivalent to foreign ministries in other countries. ... Richard Bruce Cheney (born January 30, 1941), widely known as Dick Cheney, is an American politician and businessman affiliated with the U.S. Republican Party. ...

Most of the individuals, detained by the U.S. military on the orders of the U.S. administration were initially captured in Afghanistan. The foreign detainees, are held Camp X-Ray at Guantanamo Bay on Cuba. Guantanamo Bay was chosen because although it is under the de facto control of the United States administration, it is not a sovereign territory of the United States and a previous Supreme Court ruling Johnson v. Eisentrager in 1950 had ruled that U.S. courts had no jurisdiction over enemy aliens held outside the USA. Camp X-Ray, shown here under construction, is the temporary holding facility for detainees held at U.S. Naval Base Guantanamo Bay, Cuba. ... Map of Cuba with location of Guantanamo Bay indicated. ... Johnson v. ... 1950 was a common year starting on Sunday (link will take you to calendar). ...

There have been a number of domestic legal challenges made on behalf of the detainees held in Camp X-Ray and in other places. These include:

• On July 30, 2002 The Washington D.C. District Court ruled that it did not have jurisdiction because Guantanamo Bay is not a sovereign territory of the United States. This decision was appealed to the D.C. Circuit Court which upheld the decision. The case was appealed to the United States Supreme Court on September 2, 2003.
• On November 10, 2003, the United States Supreme Court announced that it would decide on appeals by Afghan war detainees who challenge their continued incarceration at Camp X-Ray as being unlawful.
• On 10 January 2004, 175 members of both houses of Parliament in the UK had filed an amici curiæ brief to support the detainees' access to USA jurisdiction.
• On June 28, 2004, the Supreme Court ruled in Rasul_v._Bush that detainees in Camp X-Ray could turn to U.S. courts to challenge their confinement, but can also be held without charges or trial.
• On July 7, 2004, In response to the Supreme Court ruling, the Pentagon announced that cases would be reviewed by military tribunals, in compliance with Article 5 of the Third Geneva Convention.^{[3] (http://en.wikipedia.org/wiki/Unlawful_combatant#fn_BBC)}
• On November 8, 2004, a federal court halted the proceeding of Salim Ahmed Hamdan, 34, of Yemen. Hamdan was to be the first Guantanamo detainee tried before a military commission. Judge James Robertson of the U.S. District Court for the District of Columbia ruled in Hamden v. Rumsfeld^{[4] (http://en.wikipedia.org/wiki/Unlawful_combatant#fn_HvR)} that no competent tribunal had found that Hamdan was not a prisoner of war under the Geneva Conventions.

Yaser Hamdi was captured in Afghanistan in 2001. He was taken to Camp X-Ray at Guantanamo Bay, Cuba, but was transferred to jails in Virginia and South Carolina after it became known that he was a U.S. citizen. On September 23, 2004, the United States Justice Department agreed to release Hamdi to Saudi Arabia, where he is also a citizen, on the condition that he gave up his U.S. citizenship. The deal also bars Hamdi from visiting certain countries and to inform Saudi officials if he plans to leave the kingdom. He was a party to a Supreme Court decision Hamdi v. Rumsfeld which issued a decision on June 28, 2004, repudiating the U.S. government's unilateral assertion of executive authority to suspend the constitutional protections of individual liberty of a U.S. citizen. July 30 is the 211th day (212th in leap years) of the year in the Gregorian Calendar, with 154 days remaining. ... 2002 is a common year starting on Tuesday of the Gregorian calendar. ... United States territory is any extent of region under the goverment of the United States. ... The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... September 2 is the 245th day of the year (246th in leap years). ... 2003 is a common year starting on Wednesday of the Gregorian calendar. ... November 10 is the 314th day of the year (315th in leap years) in the Gregorian Calendar, with 51 days remaining. ... 2003 is a common year starting on Wednesday of the Gregorian calendar. ... The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... January 10 is the 10th day of the year in the Gregorian Calendar. ... 2004 is a leap year starting on Thursday of the Gregorian calendar. ... The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative institution in the United Kingdom and British overseas territories (it alone has parliamentary sovereignty). ... Definition and Explanation: Amicus curiæ (Latin for friend of the court; plural amici curiæ) briefs are legal documents filed by non-litigants in appellate court cases, which include additional information or arguments that those outside parties wish to have considered in that particular case. ... (Some entries on this page have been duplicated on August 1. ... 2004 is a leap year starting on Thursday of the Gregorian calendar. ... Rasul v. ... July 7 is the 188th day of the year (189th in leap years) in the Gregorian Calendar, with 177 days remaining. ... 2004 is a leap year starting on Thursday of the Gregorian calendar. ... November 8 is the 312th day of the year (313th in leap years) in the Gregorian Calendar, with 53 days remaining. ... 2004 is a leap year starting on Thursday of the Gregorian calendar. ... History Judge James Robertson was appointed in December 1994 to the U.S. District Court for the District of Columbia. ... Yaser Esam Hamdi was a U.S. citizen captured in Afghanistan while fighting U.S. forces with the Taliban in 2001. ... 2001 is a common year starting on Monday of the Gregorian calendar. ... Holding U.S. citizens designated as enemy combatants by the Executive Branch have a right to challenge their detainment under the Due Process Clause. ... (Some entries on this page have been duplicated on August 1. ... 2004 is a leap year starting on Thursday of the Gregorian calendar. ...

On May 8, 2002, José Padilla, also known as Abdullah al-Muhajir, was arrested by FBI agents at Chicago's O'Hare International Airport and held as material witness on the warrant issued in New York State about the 2001 9/11 attacks. On June 9, 2002 President Bush issued an order to Secretary Rumsfeld to detain Padilla as an "enemy combatant". The order legally justified the detention by leaning on the AUMF which authorized the President to "..use all necessary force against those nations, organizations, or persons..." and in the opinion of the administration a U.S. citizen can be an enemy combatant (This was decided by the United States Supreme Court in the case of Ex Parte Quirin)^{[5] (http://en.wikipedia.org/wiki/Unlawful_combatant#fn_syr1)}. Padilla is currently being detained without charge in South Carolina and is accused by the Bush Administration of being an illegal enemy combatant and a nuclear terrorist planning to set off a dirty bomb. May 8 is the 128th day of the year in the Gregorian Calendar (129th in leap years). ... 2002 is a common year starting on Tuesday of the Gregorian calendar. ... José Padilla (also known as Abdullah al-Muhajir) (born October 18, 1970) is accused of being a terrorist by the United States government. ... The Federal Bureau of Investigation (FBI) is a Federal police force which is the principal investigative arm of the United States Department of Justice (DOJ). ... Chicago (officially named the City of Chicago) is the third largest city in the United States (after New York City and Los Angeles), with an official population of 2,896,016, as of the 2000 census. ... OHare International Airport (IATA:ORD, ICAO:KORD) is an airport located in Chicago, Illinois, 17 miles (27 km) northwest of the Chicago Loop. ... State nickname: Empire State Other U.S. States Capital Albany Largest city New York Governor George Pataki Official languages None Area 141,205 km² (27th)  - Land 122,409 km²  - Water 18,795 km² (13. ... June 9 is the 160th day of the year in the Gregorian calendar (161st in leap years), with 205 days remaining. ... State nickname: Palmetto State Other U.S. States Capital Columbia Largest city Columbia Governor Mark Sanford Official languages English Area 82,965 km² (40th)  - Land 78,051 km²  - Water 4,915 km² (6%) Population (2000)  - Population 4,012,012 (26th)  - Density 51. ... Order: 43rd President Vice President: Dick Cheney Term of office: January 20, 2001 – present Preceded by: Bill Clinton Succeeded by: Incumbent Date of birth: July 6, 1946 Place of birth: New Haven, Connecticut First Lady: Laura Welch Bush Political party: Republican George Walker Bush (born July 6, 1946) is the... Nuclear terrorism can be used to describe any of the following terrorist assaults: Use of nuclear weapons against a civilian target Use of a radiological weapon or dirty bomb against a civilian target An attack against a nuclear power plant Some believe that no such act has ever taken place. ... The term dirty bomb is most often used to refer to a Radiological Dispersal Device (RDD), a radiological weapon which combines radioactive material with conventional explosives. ...

• The November 13, 2001, Military Order, mentioned above, exempts U.S. citizens from trial by military tribunals to determine if they are "unlawful combatants", which indicates that Padilla and Yaser Hamdi would end up in the civilian criminal justice system, as happened with John Walker Lindh.
• On December 18, 2003, the U.S. Second Circuit Court of Appeals declared that the Bush Administration lacked the authority to detain a U.S. citizen arrested on U.S. soil as an "illegal enemy combatant" without clear congressional authorization (per 18 U.S.C. § 4001(a)); it consequently ordered the government to release Padilla from military custody within thirty days^{[6] (http://en.wikipedia.org/wiki/Unlawful_combatant#fn_reuters1)}. But agreed that he could be held until an appeal was heard.
• On February 20, 2004, the Supreme Court agreed to hear the government's appeal.
• The Supreme Court heard the case, Rumsfeld v. Padilla, in April 2004, but on June 28 it was thrown out on a technicality. The court declared that New York State, where the case was originally filed, was an improper venue and that the case should have been filled in South Carolina, where Padilla was being held.
• On February 28, 2005, in Spartanburg, South Carolina, U.S. District Judge Henry Floyd ordered the Bush administration to either charge Padilla or release him^{[7] (http://en.wikipedia.org/wiki/Unlawful_combatant#fn_NYT-01-03-2005)}. He relied on the Supreme Court's ruling in the parallel enemy combatant case of Yaser Hamdi (Hamdi v. Rumsfeld), in which the majority decision declared a "state of war is not a blank check for the president when it comes to the rights of the nation's citizens."

see also USA PATRIOT Act

November 13 is the 317th day of the year (318th in leap years) in the Gregorian Calendar, with 48 days remaining. ... John Walker Lindh John Phillip Walker Lindh (born February 9, 1981) is an American citizen who was captured in Afghanistan during Operation Enduring Freedom while fighting for the Taliban. ... December 18 is the 352nd day of the year (353rd in leap years) in the Gregorian Calendar. ... 2003 is a common year starting on Wednesday of the Gregorian calendar. ... February 20 is the 51st day of the year in the Gregorian Calendar. ... 2004 is a leap year starting on Thursday of the Gregorian calendar. ... Donald Rumsfeld v. ... 2004 : January - February - March - April - May - June - July - August - September - October - November - December Deaths in April • 18 Ratu Sir Kamisese Mara • 19 Norris McWhirter • 22 Pat Tillman • 24 Estée Lauder Other recent deaths Ongoing events EU Enlargement Exploration of Mars: Rovers Haiti Rebellion Reconstruction of Iraq – Occupation & Resistance Israeli-Palestinian... (Some entries on this page have been duplicated on August 1. ... February 28 is the 59th day of the year in the Gregorian calendar. ... 2005 is a common year starting on Saturday of the Gregorian calendar. ... Spartanburg is a city located in Spartanburg County in South Carolina, a state of the United States of America, and 98 miles north of Columbia. ... State nickname: Palmetto State Other U.S. States Capital Columbia Largest city Columbia Governor Mark Sanford Official languages English Area 82,965 km² (40th)  - Land 78,051 km²  - Water 4,915 km² (6%) Population (2000)  - Population 4,012,012 (26th)  - Density 51. ... President Bush signs USA PATRIOT Act, October 26, 2001 The USA PATRIOT Act (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001)1 (U.S. H.R. 3162, S. 1510, Public Law 107-56) is an act of federal legislation in the...

Other countries

Other countries, including the United Kingdom, Israel, Australia, Canada, and New Zealand make theoretical distinctions between lawful and unlawful combatants and the legal status thereof.

Criticism

The purported legal status of "unlawful combatants" in those nations currently holding detainees under that name, has been the subject of criticism by other nations and international human rights institutions; including Human Rights Watch and the International Committee of the Red Cross. The ICRC in response to the US-led military campaign in Afghanistan published a paper on the subject^{[8] (http://en.wikipedia.org/wiki/Unlawful_combatant#fn_ICRC)}, in which it states: Human Rights Watch is an international NGO based in New York City, USA, that works with human rights issues. ... The International Committee of the Red Cross (ICRC) is historically a committee of Swiss nationals, although non-Swiss nationals have recently been allowed (the committee appoints new members to itself to replace those who resign or die) which leads the international Red Cross movement (often simply known after its symbol...

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. They have, however, been frequently used at least since the beginning of the last century in legal literature, military manuals and case law. The connotations given to these terms and their consequences for the applicable protection regime are not always very clear.

In the US the term unlawful combatant, critics maintain, has mainly been used to deny detainees basic civil rights, such as the right to a counsellor, a speedy trial and right of appeal. It has been argued that this gives governments a right to arbitrarily suspend the rule of law in a way that should not be accepted. The rule of law implies that government authority may only be exercised in accordance with written laws, which were adopted through an established procedure. ...

Some governments whose nationals have been detained with this status, notably Canada, the UK, and Sweden, have intervened to limit the degree to which the rights of their nationals have been suspended. In general this has been handled on a case-by-case basis as numbers are few.

Many governments and human rights organizations worry that the introduction of the unlawful combatant status sets a dangerous precedent for other regimes to follow. When the government of Liberia detained American activist Hassan Bility in 2002, Liberian authorities dismissed the complaints^{[9] (http://en.wikipedia.org/wiki/Unlawful_combatant#fn_Liberia)} of the United States, responding that he had been detained as an unlawful combatant. 2002 is a common year starting on Tuesday of the Gregorian calendar. ...

See also

• Franc-tireur
• Guantánamo Bay Qur'an desecration allegations
• Bagram torture and prisoner abuse

Franc-tireur is an informal term for an armed fighter who, if captured, is not entitled to prisoner of war status. ... In the May 9, 2005 issue of Newsweek magazine, an article by reporter Michael Isikoff quoted an anonymous source which alleged that interrogators at the U.S. military base in Guantánamo Bay, Cuba, in an attempt to rattle suspects, flushed a Quran (Koran) down a toilet. ... In 2005, an 2000-page official report comfirmed the abuse and torture of two innocent Afghan prisoners in a U.S. concentration camp in Bagram, by personnel of the U.S. armed forces in 2002. ...

Articles

• Michael Greenberger: "Is Criminal Justice a Casualty of the Bush Administration's 'War on Terror'? (http://www.abanet.org/irr/hr/winter04/casualty.html)" in American Bar Association's Human Right Magazine, Winter 2004
• Daniel Kanstroom: "'Unlawful Combatants' in the United States - Drawing the Fine Line Between Law and War (http://www.abanet.org/irr/hr/winter03/unlawful.html)" in American Bar Association's Human Right Magazine, Winter 2003
• Knut Dörmann: "The legal situation of unlawful/unprivileged combatants (http://www.icrc.org/Web/Eng/siteeng0.nsf/iwpList553/88140B29D25A47EFC1256D0B0046F105)". Article in the International Review of the ICRC, March 2003
• People for the American Way's critical report "Undermining the Bill of Rights (http://www.pfaw.org/pfaw/general/default.aspx?oid=15110)" with extensive legal references
• Michael Dorf: What is an "Unlawful combatant," and why it matters: The Status Of Detained Al Qaeda And Taliban Fighters (http://writ.news.findlaw.com/dorf/20020123.html) Published by FindLaw (http://company.findlaw.com/company_info.html) January 23, 2002. Dorf is Vice Dean and Professor of Law at Columbia University.
• Eurolegal Services' highly critical article (http://www.eurolegal.org/useur/unlawfulcomb.htm) on the Bush administration's detention practices at Guantanamo Bay.
• Christiane Wilke: War v. Justice:Terrorism Cases, Enemy Combatants, and Political Justice in U.S. Courts (http://www.newschool.edu/gf/polsci/landynskiconf/4.wilke.pdf) (PDF)
• The Yale Law Journal: A Small Problem of Precedent: per 18 U.S.C. § 4001(a) and the Detention of U.S. Citizen "Enemy Combatants" (http://www.yale.edu/yalelj/112/VladeckWEB.pdf) (PDF)
• U.S. Supreme Court Reviews Cases on Detainees (http://usinfo.state.gov/dhr/Archive/2004/May/03-611085.html)

2004 is a leap year starting on Thursday of the Gregorian calendar. ... 2003 is a common year starting on Wednesday of the Gregorian calendar. ... The International Committee of the Red Cross (ICRC) is historically a committee of Swiss nationals, although non-Swiss nationals have recently been allowed (the committee appoints new members to itself to replace those who resign or die) which leads the international Red Cross movement (often simply known after its symbol... 2003 is a common year starting on Wednesday of the Gregorian calendar. ... January 23 is the 23rd day of the year in the Gregorian Calendar. ...

Footnotes

See Wikipedia:Footnote3

1. ⇧ US Congress' joint resolution of September 18, 2001 Authorization for Use of Military Force ("AUMF") (http://assembler.law.cornell.edu/uscode/50/usc_sec_50_00001541----000-notes.html); public law 107-40, 115 Stat. 224
2. ⇧ President George W. Bush's Military Order of November 13, 2001: Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism (http://www.whitehouse.gov/news/releases/2001/11/print/20011113-27.html); 66 FR 57833 backup site (http://www.law.uchicago.edu/tribunals/exec_order.html)
3. ⇧ Q&A: US Supreme Court Guantanamo ruling (http://news.bbc.co.uk/2/hi/americas/3867067.stm) Source BBC
4. ⇧ Hamden v. Rumsfeld summary (http://jurist.law.pitt.edu/gazette/2004/11/ruling-on-lawfulness-of-guantanamo.php), full txt (PDF File) (http://www.dcd.uscourts.gov/04-1519.pdf) – U.S. District Court for the District of Columbia, presiding Judge James Robertson
5. ⇧ Authorization for Use of Military Force: Padilla v. Bush: Jose Padilla under the Joint Resolution (http://www.law.syr.edu/academics/centers/insct/Military%20Force%20-%20Padilla.asp) The Syracuse Journal of International Law and Commerce, issued by the Syracuse Collage of Law
6. ⇧ Appeals Court Says Bush Can't Hold U.S. Citizen (http://www.commondreams.org/headlines03/1218-10.htm) Published on Thursday, December 18, 2003 by Reuters
7. ⇧ Judge Says Terror Suspect Can't Be Held as an Enemy Combatant (http://www.nytimes.com/2005/03/01/politics/01terror.html?ex=1111899600&en=4bade73e4d6a651f&ei=5070) The New York Times March 1, 2005
8. ⇧ The legal situation of unlawful/unprivileged combatants (http://www.icrc.org/Web/eng/siteeng0.nsf/htmlall/5LPHBV/%24File/irrc_849_Dorman.pdf) (IRRC March 2003 Vol.85 No 849)
9. ⇧ Comments on the Arrest and Detention of Journalist Hassan Bility in Liberia (http://www.state.gov/r/pa/prs/ps/2002/11718.htm) Press Statement by Richard Boucher, Spokesman in the U.S State Department, July 8, 2002