![]() These definitions have essentially been invented by the administration and Congress. In at least one known case, a CSRT labeled a detainee an enemy combatant for precisely that reason. ![]() And, notably, the definition of enemy combatant that has been used by the CSRTs at Guantanamo is even broader than the definition contained in the legislation, encompassing even the unknowing financier of a charitable arm of a terrorist organization. This provision does not include any substantive criteria to guide the deliberations of such tribunals. resident who commits a criminal act unrelated to armed conflict into combatants who can be placed in military custody and hauled before a military commission.Īn additional and circular provision specifies that anyone who has been determined to be an unlawful enemy combatant by a Combatant Status Review Tribunal (the military boards convened to allow detainees at Guantanamo Bay to contest their status as combatants, called CSRTs) or another competent tribunal established by the president or the defense secretary is presumed to be an enemy combatant for the purposes of military commissions. This turns ordinary civilians such as a mother giving food to her combatant son, an individual who sends money to a banned group, or a U.S. ![]() The MCA expands the definition of combatant to include those who have purposefully and materially supported hostilities against the United States, even if they have not taken part in the hostilities themselves, and even if they are arrested far from the battlefield. What is the definition of unlawful enemy combatant under the MCA and how does it comport with international law? Deeming someone to be a combatant has important consequences: under international humanitarian law, combatants may be lawfully attacked and killed, and are subject to capture. ![]() Civilians who are actively participating in hostilities can be treated as combatants. International humanitarian law (the laws of war) draws a distinction between combatants, defined as members of armed forces, and civilians. What is the definition of combatant under international law? ![]() Definition of Unlawful Enemy Combatant 7. ![]()
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