That made him both an enemy combatant and--more specifically--an unlawful combatant
, having committed acts in violation of the traditional law of war.
Sarsak was never charged but was jailed as an unlawful combatant
145) The detention ends when the Chief of Staff believes that the detainee can no longer be defined as an unlawful combatant
or that his release will not harm state security.
The term unlawful combatant
first gained currency in the 1942 Supreme Court case of Ex parte Quirin.
These issues of detention and criminal culpability are, however, best understood as consequences of the core significance of the unlawful combatant
For Meisels, therefore, the unlawful combatant
category extends beyond terrorists as such to embrace all irregular armed forces.
combatant, would be considered an unlawful combatant
Traditionally the designation of unlawful combatant
applied to individual spies, saboteurs, and civilians who took up arms--never, as the President would have it, to entire armies.
If an unlawful combatant
is captured in the occupied territories of the West Bank, the case proceeds through Israeli military courts, with similar guarantees of judicial review and legal representation.
The targeted civilian must be a civilian unlawful combatant
11) Though their briefs were usually more careful than to make this error, they often seemed to deny in public statements that a detainee could be held as an unlawful combatant
at all--a position flatly at odds with long-standing traditions of warfare.
21) The Court found that the rule was inapplicable to the Quirin case because Milligan was not an enemy belligerent since he was not "a part of or associated with the armed forces of the enemy," whereas Haupt was an unlawful combatant
, subject to penalties imposed by a military tribunal.