They are unlawful enemy combatants
," Trump said, in explaining the decision.
Unlawful enemy combatants
have fewer rights than regular prisoners and can be tried in military tribunals or held indefinitely without trial, such as the prisoners held at Guantanamo Bay.
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.
That section states that current law is not changed by the legislation, but current law already holds that the President already has the power to arrest and indefinitely detain unlawful enemy combatants
captured on the battlefield.
government to properly distinguish al-Qaeda unlawful enemy combatants
from domestic jihadi terrorists.
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
45) The Court held that Congress, under the Articles of War, authorized the president to order the trial of unlawful enemy combatants
by military commission.
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.