Rumsfeld, the Supreme Court held (in my view quite incorrectly and indefensibly) that the military power to punish unlawful enemy combatants
for offenses against the law of war is not part of the Commander in Chief Clause power of the President, but requires separate statutory authorization of (and thus may be limited by) Congress, and further, that such power is subject to constraints imposed by international law.
79) CIA operatives, on the other hand, are not lawful combatants and do not enjoy any Geneva Convention protections; they are either civilians or unlawful enemy combatants
, as discussed above in the context of the status of al-Qaeda members, (80) CIA operatives are not trained in the use of force and do not face court-martial or other disciplinary action.
In an age of unlawful enemy combatants
who are neither criminals nor combatants (47), and of military operations other than war (MOOTW) which are neither exclusively military or law enforcement exercises (91), Gross maintains that necessity forces us to redraw the lines of who is an acceptable target.
concluded that these individuals were captured in the context of an inter-state armed conflict (after some initial confusion on this point); (39) like their al-Qaeda counterparts, they were also designated as unlawful enemy combatants
To further complicate matters, the jihadists could also be seen as unlawful enemy combatants
The Military Commissions Act (MCA) of 2006 authorized the President to establish Military Commissions to try "alien unlawful enemy combatants
engaged in hostilities against the United States for violations of the law of war.
citizens can already be detained under the Military Commissions Act as unlawful enemy combatants
if the government suspects they have aided the Taliban or al-Qaeda.
offenses against the laws of nations" (21) provides a basis for Congress to establish a statutory framework, such as that set forth in the MCA of 2006 (22) for trying and punishing unlawful enemy combatants
for violations of the law of war and other hostile acts in support of terrorism.
The detention of unlawful enemy combatants
during the war on terror.
The Pentagon acknowledged that 17 Chinese Muslims captured in 2002 were incorrectly identified as unlawful enemy combatants
but said it could not send them back to China because they might be persecuted there.
That is, it does not stipulate that military commissions only have jurisdiction over alien unlawful enemy combatants
Mr Hutton said: "The US has categorised them as unlawful enemy combatants