Unlawful combatant

related topics
{law, state, case}
{war, force, army}
{school, student, university}
{government, party, election}
{theory, work, human}

An unlawful combatant or unprivileged combatant/belligerent is a civilian who directly engages in armed conflict in violation of International Humanitarian Law (IHL) and may be detained or prosecuted under the domestic law of the detaining state for such action.[1]



The Geneva Conventions apply in wars between two or more states. Article 5 of the GCIII states that the status of a detainee may be determined by a "competent tribunal." Until such time, he is to be treated as a prisoner of war.[2] After a "competent tribunal" has determined his status, the "Detaining Power" may choose to accord the detained unlawful combatant the rights and privileges of a POW, as described in the Third Geneva Convention, but is not required to do so. An unlawful combatant who is not a national of a neutral State, and who is not a national of a co-belligerent State, retains rights and privileges under the Fourth Geneva Convention so that he must be "treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial."[3]

Full article ▸

related documents
Common law
Miranda warning
Due process
First Amendment to the United States Constitution
Life imprisonment
Dormant Commerce Clause
Fourth Amendment to the United States Constitution
Jury trial
Habeas corpus
Stare decisis
Article One of the United States Constitution
Conscientious objector
Hugo Black
Juris Doctor
Royal Assent
Romer v. Evans
Right of self-defense
Ernst Zündel
Charitable trust
Arrest warrant
Laws of war
Search warrant
Good Samaritan law