under the Geneva Conventions as a lawful combatant
. Other safeguards
Decisionmakers therefore disagree on whether to classify insurgents as civilians or "quasi-combatants"--i.e., people who are targetable and detainable like lawful combatants
without the benefits of combatant status.
But the fulcrum of unlawful combatancy is that the judicial proceedings may be conducted before regular domestic (civil or military) courts and, significantly, they may relate to acts other than those that divested the person of the status of lawful combatant
. (95) Professor George Fletcher concurs, calling "the giant leap from the status of failing to qualify as a lawful combatant
to the crime of being an unlawful combatant" in Quirin, "one of the greatest legal fallacies [he has] ever encountered." (96)
What is equally important in this equation, however, is that these factors apply only to combatants engaged in inter-state armed conflicts, effectively excluding from the lawful combatant
status an individual fighting on behalf of an entity not affiliated with state authority.
A person who engages in military raids by night, while purporting to be an innocent civilian by day, is neither a civilian nor a lawful combatant
. He is an unlawful combatant.
For Meisels, such groups as Hamas and Fatah, just like al-Qaeda, fail to meet the requirements for either of the conventional frameworks through which liberal-democratic states regulate their engagement with security threats: lawful combatant
or ordinary criminal.
(2) they fail to satisfy two key criteria for lawful combatants
44 (3) of the First Additional Protocol of June 1977 (which standardizes the criteria for lawful combatant
status irrespective of one's membership of regular or irregular formations).
(212) Geneva III allows militias, volunteer corps, and even organized resistance movements to be lawful combatants
so long as they adhere to the four conditions of article 4(2).
Like the Blueland sniper's victim, Yamamoto was a lawful combatant
in an international armed conflict, killed by opposing lawful combatants
According to some commentators, the changes were adopted to revise the long standing rule that only states can lawfully establish military forces and that lawful combatants
must operate like regular forces in order to maintain lawful combatant
status; (79) and to make occupations more akin to domestic police actions rather than armed conflicts so that deadly force is used conservatively.
is limited to "lawful combatants
" who have "combatant