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Lawful Enemy Combatant
The term lawful enemy combatant is defined in the Military Commissions Act of 2006; the term is used as an exclusionary term to prevent most of those who qualify under the definition from being an unlawful enemy combatant. Definition Criticism The definition given in the act seems to face several difficulties. Firstly it is to a substantial extent analogous to the definition of such persons who are to be held as prisoners of war under the Geneva Convention relative to the Treatment of Prisoners of War, and indeed would appear to define those who are to be treated as prisoners of war, but it is missing three of the categories under said convention, categories 4, 5, 6. Furthermore, under Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977 there are additional categories given, but to which the United States of America is merely a signatory, since it has not been ratifie ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Military Commissions Act Of 2006
The Military Commissions Act of 2006, also known as HR-6166, was an Act of Congress signed by President George W. Bush on October 17, 2006. The Act's stated purpose was "to authorize trial by military commission for violations of the law of war, and for other purposes". It was drafted following the decision on '' Hamdan v. Rumsfeld'' (2006) from the Supreme Court of the United States, which ruled that the Combatant Status Review Tribunals (CSRT), as established by the United States Department of Defense, were procedurally flawed and unconstitutional, and did not provide protections under the Geneva Conventions. It prohibited detainees who had been classified as enemy combatants or were awaiting hearings on their status from using ''habeas corpus'' to petition federal courts in challenges to their detention. All pending habeas corpus cases at the federal district court were stayed. In '' Boumediene v. Bush'' (2008), the Supreme Court held that Section 7 of the law was uncons ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unlawful Enemy Combatant
An unlawful combatant, illegal combatant or unprivileged combatant/belligerent is a person who directly engages in armed conflict in violation of the laws of war and therefore is claimed not to be protected by the Geneva Conventions. The International Committee of the Red Cross points out that the terms "unlawful combatant", "illegal combatant" or "unprivileged combatant/belligerent" are not defined in any international agreements. While the concept of an unlawful combatant is included in the Third Geneva Convention, the phrase itself does not appear in the document. Article 4 of the Third Geneva Convention does describe categories under which a person may be entitled to prisoner of war status. There are other international treaties that deny lawful combatant status for mercenaries and children. The Geneva Conventions apply in wars between two or more sovereign states. They do not recognize any status of lawfulness for combatants in conflicts not involving two or more nation stat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Armed Forces
A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distinct military uniform. It may consist of one or more military branches such as an army, navy, air force, space force, marines, or coast guard. The main task of the military is usually defined as defence of the state and its interests against external armed threats. In broad usage, the terms ''armed forces'' and ''military'' are often treated as synonymous, although in technical usage a distinction is sometimes made in which a country's armed forces may include both its military and other paramilitary forces. There are various forms of irregular military forces, not belonging to a recognized state; though they share many attributes with regular military forces, they are less often referred to as simply ''military''. A nation's military may ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Americ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Militia
A militia () is generally an army or some other fighting organization of non-professional soldiers, citizens of a country, or subjects of a state, who may perform military service during a time of need, as opposed to a professional force of regular, full-time military personnel; or, historically, to members of a warrior-nobility class (e.g. knights or samurai). Generally unable to hold ground against regular forces, militias commonly support regular troops by skirmishing, holding fortifications, or conducting irregular warfare, instead of undertaking offensive campaigns by themselves. Local civilian laws often limit militias to serve only in their home region, and to serve only for a limited time; this further reduces their use in long military campaigns. Beginning in the late 20th century, some militias (in particular officially recognized and sanctioned militias of a government) act as professional forces, while still being "part-time" or "on-call" organizations. For instan ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Military Volunteer
A military volunteer (or ''war volunteer'') is a person who enlists in military service by free will, and is not a conscript, mercenary, or a foreign legionnaire. Volunteers sometimes enlist to fight in the armed forces of a foreign country, for example during the Spanish Civil War. Military volunteers are essential for the operation of volunteer militaries. Many armies, including the U.S. Army, formerly distinguished between "Important Volunteers" enlisted during a war, and " regulars" who served on long-term basis. United States In the United States troops raised as state militia were always described as "volunteers", even when recruited by conscription. Both US volunteers and regulars were referred to as "U.S." troops. The rank of an officer in a volunteer unit was separate from his rank (if any) as a regular, and usually higher. When the volunteer forces were disbanded at the end of the war, officers with both kinds of commission reverted to their "regular" rank. For insta ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Resistance Movement
A resistance movement is an organized effort by some portion of the civil population of a country to withstand the legally established government or an occupying power and to disrupt civil order and stability. It may seek to achieve its objectives through either the use of nonviolent resistance (sometimes called civil resistance), or the use of force, whether armed or unarmed. In many cases, as for example in the United States during the American Revolution, or in Norway in the Second World War, a resistance movement may employ both violent and non-violent methods, usually operating under different organizations and acting in different phases or geographical areas within a country. Etymology The Oxford English Dictionary records use of the word "resistance" in the sense of organised opposition to an invader from 1862. The modern usage of the term "Resistance" became widespread from the self-designation of many movements during World War II, especially the French Resistance. Th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of War
The law of war is the component of international law that regulates the conditions for initiating war (''jus ad bellum'') and the conduct of warring parties (''jus in bello''). Laws of war define sovereignty and nationhood, states and territories, occupation, and other critical terms of law. Among other issues, modern laws of war address the declarations of war, acceptance of surrender and the treatment of prisoners of war; military necessity, along with ''distinction'' and ''proportionality''; and the prohibition of certain weapons that may cause unnecessary suffering. The ''law of war'' is considered distinct from other bodies of law—such as the domestic law of a particular belligerent to a conflict—which may provide additional legal limits to the conduct or justification of war. Early sources and history The first traces of a law of war come from the Babylonians. It is the Code of Hammurabi, king of Babylon, which, 2000 B.C., explains its laws imposing a code of con ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prisoners Of War
A prisoner of war (POW) is a person who is held Captivity, captive by a belligerent power during or immediately after an armed conflict. The earliest recorded usage of the phrase "prisoner of war" dates back to 1610. Belligerents hold prisoners of war in custody for a range of legitimate and illegitimate reasons, such as isolating them from the enemy combatants still in the field (releasing and Repatriation, repatriating them in an orderly manner after hostilities), demonstrating military victory, punishing them, prosecuting them for war crimes, exploitation of labour, exploiting them for their labour, recruiting or even Conscription, conscripting them as their own combatants, collecting military and political intelligence from them, or Indoctrination, indoctrinating them in new political or religious beliefs. Ancient times For most of human history, depending on the culture of the victors, enemy fighters on the losing side in a battle who had surrendered and been taken as ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Third Geneva Convention
The Third Geneva Convention, relative to the treatment of prisoners of war, is one of the four treaties of the Geneva Conventions. The Geneva Convention relative to the Treatment of Prisoners of War was first adopted in 1929, but significantly revised at the 1949 conference. It defines humanitarian protections for prisoners of war. There are 196 state parties to the Convention. Part I: General provisions This part sets out the overall parameters for GCIII: * Articles 1 and 2 cover which parties are bound by GCIII * Article 2 specifies when the parties are bound by GCIII ** That any armed conflict between two or more "High Contracting Parties" is covered by GCIII; ** That it applies to occupations of a "High Contracting Party"; ** That the relationship between the "High Contracting Parties" and a non-signatory, the party will remain bound until the non-signatory no longer acts under the strictures of the convention. "...Although one of the Powers in conflict may not be a pa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Geneva Conventions
upright=1.15, Original document in single pages, 1864 The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Convention'' usually denotes the agreements of 1949, negotiated in the aftermath of the Second World War (1939–1945), which updated the terms of the two 1929 treaties and added two new conventions. The Geneva Conventions extensively define the basic rights of wartime prisoners (civilians and military personnel), established protections for the wounded and sick, and provided protections for the civilians in and around a war-zone; moreover, the Geneva Convention also defines the rights and protections afforded to non-combatants. The treaties of 1949 were ratified, in their entirety or with reservations, by 196 countries. The Geneva Conventions concern only prisoners and non-combatants in war; they do not address the use of weapons of war, whic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Protocol I
Protocol I (sometimes referred to as Additional Protocol I or AP 1) is a 1977 amendment protocol to the Geneva Conventions relating to the protection of victims of ''international conflicts'', extending to "armed conflicts in which peoples are fighting against colonial domination, alien occupation or racist regimes" are to be considered international conflicts. It reaffirms the international laws of the original Geneva Conventions of 1949, but adds clarifications and new provisions to accommodate developments in modern international warfare that have taken place since the Second World War. Ratification status As of February 2020, it had been ratified by 174 states, with the United States, Israel, Iran, Pakistan, India, and Turkey being notable exceptions. However, the United States, Iran, and Pakistan signed it on 12 December 1977, which signifies an intention to work towards ratifying it. The Iranian Revolution has occurred in the interim. Russia On 16 October 2019, Pr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
