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All the evidence points to the fact he should be characterized as an unlawful enemy combatant 6 not a common criminal.
Hanft (264) to support its contention that al-Marri is an enemy combatant within the meaning of the AUMF and the law of war.
Without a significant about face in leadership that can actually discern the basic difference between an unlawful enemy combatant and a domestic criminal, America's reputation will remain under a cloud of suspicion and confusion regarding the legality of our actions associated with two significant areas of critique: rendition and targeted killing vis-a-vis unlawful enemy combatants in the War Against al-Qaeda.
arguing that Mohammed and the others should be tried as enemy combatants before military commissions, moved to deny federal funding for the trials, a proposal that drew some Democrats' support.
The Boumediene Court provided a means for testing the President's assertions vis-a-vis any particular person accused of being an unlawful enemy combatant, but, going no further, the Court provided no guidance as to what CSRT determinations would be struck down or on what basis.
His designation as an enemy combatant was dropped, and the government brought felony terrorism charges against him in federal criminal court.
citizen confined in a Charleston, South Carolina, naval brig after being transferred from New York as an alleged enemy combatant.
Hamdi provides that once the Government has offered evidence in support of its continued detention of an alleged enemy combatant, the detainee must be permitted "to present his own factual case to rebut the Government's return [argument].
Part II explains how CSRTs depart from that tradition and why their enemy combatant determinations cannot be used to rebut the Geneva Conventions' presumption of POW status.
The act defines an enemy combatant as "a person who has engaged in hostilities or who has purposefully and materially supported hostilities against the United States" or anyone who "has been determined to be an unlawful enemy combatant" by a tribunal set up by the President or the Secretary of Defense.
Up against a deadline to either charge him or let him go, the government came up with a new option: It labeled Padilla an enemy combatant, announcing with much fanfare that he had been part of an Al Qaeda plot to explode a "dirty bomb.