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Related to Lawful combatant: Illegal combatants, Unprivileged belligerent, Unprivileged combatant
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the armed forces qualify as lawful combatants, and that only combatants
195, 208-10 (2004) (arguing no one can fall between the protections of civilian status and lawful combatant status and thus fail to be protected by either status).
States have been absolutely unwilling to extend this privilege with its accordant lawful combatant immunity to non-state operatives.
She follows George Fletcher in differentiating between the commission of prosecutable crimes and the failure to achieve lawful combatant status: "The basic difference is that the violation of the first kind of rule generates liability and punishment.
Yet, it is a question worth asking after given the broader historical sweep of the Conventions (and, now, of course, the First Additional Protocol), which might in fact require us to distinguish between lawful and unlawful combatants--this, indeed, is the entire premise behind the concept of prisoners-of-war and the rules for the classification of combatants found in Geneva Convention (III), (26) which occurred within a tradition of the branding of unlawful combatants alongside lawful combatants (Dormann 2003) (one can and should think here of the spy (Arts.
Ingrid Detter, for example, suggests that the primary effect of being a lawful combatant "is entitlement to prisoner of war status," while unlawful combatants who remain "a legitimate target for any belligerent action, are not, if captured, entitled to prisoner of war status.
73) International law traditionally treated mercenaries as lawful combatants.
Like the Blueland sniper's victim, Yamamoto was a lawful combatant in an international armed conflict, killed by opposing lawful combatants.
In fact, our captured troops wearing the uniform would be lawful combatants entitled as POWs to the full protection of the Geneva Conventions, not just Common Article 3.
For example, witnesses who observed the detainee fighting--thereby establishing that he is a combatant--could also testify about whether he carried arms openly; bore a fixed, distinctive sign; or otherwise qualified for POW protection as a lawful combatant.
Milligan was alleged to have engaged in hostile and warlike acts, but these were not legal acts of hostility because Milligan was not a lawful combatant.
The use of lethal force by an unlawful combatant (also referred to as an unprivileged belligerent) against a lawful combatant constitutes the domestic offense of murder.