Free Republic
Browse · Search
General/Chat
Topics · Post Article

Skip to comments.

WHAT IS AN "UNLAWFUL COMBATANT," AND WHY IT MATTERS: The Status Of Detained Al Qaeda And Taliban Fighters
findlaw.com ^ | Wednesday, Jan. 23, 2002 | MICHAEL C. DORF

Posted on 03/03/2022 5:31:18 PM PST by BenLurkin

The short answer is that a prisoner of war is entitled to the protections set forth in the 1949 Geneva Convention. In contrast, an unlawful combatant is a fighter who does not play by the accepted rules of war, and therefore does not qualify for the Convention's protections.

Buried within that short answer, however, are a host of complexities and troubling implications.

First, what does it take to qualify as a prisoner of war?

The criteria are: "(a) that of being commanded by a person responsible for his subordinates; (b) that of having a fixed distinctive sign recognizable at a distance; (c) that of carrying arms openly; [and] (d) that of conducting their operations in accordance with the laws and customs of war."

(Excerpt) Read more at supreme.findlaw.com ...


TOPICS: Military/Veterans
KEYWORDS: illegalcombatant; unlawfulcombatant

1 posted on 03/03/2022 5:31:18 PM PST by BenLurkin
[ Post Reply | Private Reply | View Replies]

To: BenLurkin

Screwitkillemall


2 posted on 03/03/2022 5:38:30 PM PST by ImJustAnotherOkie (Let's go Brandon)
[ Post Reply | Private Reply | To 1 | View Replies]

To: BenLurkin

Every muslim practices al-taqiyaa and al-muruna

Everyone of them can be an unlawful combatant by definition.


3 posted on 03/03/2022 6:07:27 PM PST by Secret Agent Man (Gone Galt; not averse to Going Bronson.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: BenLurkin

GO DEEPER. Find the commentary by the original US delegation for the Geneva Conventions Relative to the Treatment of Prisoners of War.

The document tells what the delegation was thinking when they signed onto Common Article III—— yes, the same article both Bush and Obama used by Executive Order to magically make Al Qaeda and their affiliates lawful combatants.

The original delegates addressed this. I was not able to convince anyone in the J2 Pentagon or USDI that we were looking at this through the lens of original intent.

Mysteriously, after I raised the issue, the IRC removed the commentary from their website. I’m sure it was coincidence.

Bottom line: all of AQ/ISIS (to include their whores) should be hanged or shot.


4 posted on 03/03/2022 6:36:44 PM PST by Salvavida
[ Post Reply | Private Reply | To 1 | View Replies]

To: BenLurkin

sounds to me like Comey,Clapper,Brennan,Clinton... all “Qualify” as Enemy Combatants for the Russian Collusion operation.


5 posted on 03/03/2022 6:51:56 PM PST by eyeamok (founded in cynicism, wrapped in sarcasm)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Secret Agent Man
"Everyone of them can be are an unlawful combatant by definition."

There you go...

Why we fight with 9 fingers tied behind our back is beyond me. They only understand overwhelming force.

6 posted on 03/03/2022 9:04:09 PM PST by castlebrew (Gun Control means hitting where you're aiming!))
[ Post Reply | Private Reply | To 3 | View Replies]

To: BenLurkin

An unlawful combatant is generally someone who is not fighting for a recognized country and is not wearing a uniform. Like Taliban and Al Queda.


7 posted on 03/04/2022 7:22:46 AM PST by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped)
[ Post Reply | Private Reply | To 1 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
General/Chat
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson