12) The President alone determines that an individual is subject to the Military Order, and upon that determination the individual may be tried for war crimes even though he denies that he is an unlawful combatant
or that he meets the Order's three criteria for eligibility.
An unlawful combatant
is an individual who is not authorized to take part in hostilities but does so anyway whereas a noncombatant is a person who is not authorized to take an active role or direct part in hostilities and does not.
35) Thus, Wilkinson's declaration that it is irrelevant whether Hamdi is a POW or an unlawful combatant
is not consistent with the Geneva Convention.
It seems clear that the government sought to treat Milligan, one of four "major generals" in the Sons of Liberty (Rehnquist 1999, 44), as an unlawful combatant
These factors, however, may have a bearing on whether a terrorist is a common criminal, an unlawful combatant
, or perhaps, in rare circumstances, a prisoner of war.
Al Mezan strongly condemned Israel's gross abuses of Palestinian detainees, starting with the Unlawful Combatant
Law, the policy of administrative detention, and other procedures that violate detainees' rights, including solitary confinement, medical negligence, barring of family visitation, and other practices.
First, information identifying a potential unlawful combatant
civilian target would have to be "thoroughly verified.
The unlawful combatant
side of the ledger involves a contrary set of presumptions, as the Supreme Court recognized in its unanimous opinion in Ex parte Quirin.
The use of lethal force by an unlawful combatant
(also referred to as an unprivileged belligerent) against a lawful combatant constitutes the domestic offense of murder.
Hamdan had never received ''an individualized determination'' that he was an unlawful combatant
, as required under Geneva; without that, detainees are entitled to be treated as prisoners of war.
being considered an unlawful combatant
cannot be decisively determined.
Thus, under Quirin, the requirements for a suspect to be an unlawful combatant
subject to trial by military commission for violations of the law of war may be summarized as follows: There must be entry into the United States in a time of war for the purpose of committing hostile acts by "enemy belligerents" disguised in civilian clothing instead of their military uniforms.