The Act's definitions of "lawful" and "unlawful" enemy combatants

[joemurphy]

A lawful enemy combatant must be treated as a prisoner of war under the Geneva Convention.

An unlawful enemy combatant is treated to something less than POW status and gets the "rights" accorded by this new act that we're debating.

A "lawful enemy combatant" is defined in the Act as "an individual determined by or under the authority of the President or Secretary of Defense (whether on an individualized or collective basis) to be (i) a member of the regular forces of a State party engaged in hostilities against the United States or its co-belligerents; (ii) a member of a militia, volunteer corps, or organized resistance movement belonging to a State party engaged in such hostilities, which are under responsible command, wear a fixed distinctive sign recognizable at a distance, carry their arms openly, and abide by the law of war; or (iii) a member of a regular armed forces who professes allegiance to a government engaged in such hostilities, but not recognized by the United States."

An "unlawful enemy combatant" is defined in the Act as "an individual determined by or under the authority of the President or the Secretary of Defense (A) to be part of or affiliated with a force or organization -- including but not limited to al Qaeda, the Taliban, any international terrorist organization, or associated forces -- engaged in hostilities against the United States or its co-belligerents in violation of the law of war; (B) to have committed a hostile act in aid of such a force or organization so engaged; or (C) to have supported hostilities in aid of such a force or organization so engaged.
This definition includes any individual determined by a Combatant Status Review Tribunal, before the effective date of this Act, to have been properly detained as an enemy combatant, but excludes any alien determined by the President or the Secretary of Defense (whather on an individualized or collective basis), or by any competent tribunal established under their authority, to be (i) a lawful enemy combatant (including a prisoner of war), or (ii) a protected person whose trial by these military commissions would be inconsistent with Articles 64-76 of the Geneva Convention Relative to the Protection of Civilian Persons in T?ime of War of August 12, 1949. For purposes of this section, the term 'protected person' refers to the category of persons described in Article 4 of the Geneva Convention Relative to the Protection of Civilian Persons in Time of War of August 12, 1949"

[cynatnite]

1. So we could be declared unlawful enemy combatants...

under this definition.

Nice. :eyes:

[joemurphy]

2. It's anybody fighting against us "contrary to the laws of war"

as determined by the President or the Dept. of Defense.

[rumpel]

3. Is this definition from the bill

and verbatim?

[joemurphy]

4. As of two nights ago. Yes. I don't know if they've changed it.

I doubt it.

[rumpel]

6. it's worse than what I expected it to be

no one in their right mind will vote yes to this insanity.

thanks for this post

[Tellurian]

5. Just wondering how this new Law will sit with the neocons

when the Democrats TakeOver..

Just a suggestion to Law Makers..

could you add one more line to the text of the bill?

Whining, Shall be a punishable offense.

Punishment tbd after 100 mock trials.

[MrCoffee]

7. If you are engaged in hostile activities in violation of the law of war,

you're on your own.