If POWs can be held in LTPD, the argument goes, then so can those illegal enemy combatants who fight for al Qaeda.
So-called illegal enemy combatants, however, generally can be held criminally accountable for their use of force, and thus this restriction applies to them.
In the midst of combat operations in Afghanistan, the President declared that soldiers of the Taliban and al Qaeda taken into custody were not ordinary prisoners of war but rather unlawful combatants or illegal enemy combatants.
The prisoners at Guantanamo--all foreign citizens--have also been treated as illegal enemy combatants.
The district judge denied the motion on the theory that Lindh was an illegal enemy combatant because he had fought for the Taliban.
The administration has not been content to confine the illegal enemy combatant designation to those seized in Afghanistan or other theaters of armed conflict.
28) Presumably, the Court thought that the petition was moot since days before the response to Padilla's petition for a writ of certiorari was due, the administration changed its strategy and charged him with a crime in federal court in Florida, though carefully reserving the power to treat him as an illegal enemy combatant in the future.
Rather, these individuals are labeled unlawful or illegal enemy combatants
(designations not codified in international law), whose rights to due process and humane treatment are thereby deemed dubious at best.