Lawful combatant
Lawful combatant is the general term from the Geneva Conventions, where an individual, adjudicated by a "competent tribunal" if necessary, qualifies for prisoner of war status. The critical criteria for lawful combatant status are, according to the Third Geneva Convention:[1]
- Being commanded by a person responsible for his subordinates;
- Having a fixed distinctive sign recognizable at a distance;
- Carrying arms openly;
- That of conducting their operations in accordance with the laws and customs of war
Under some conditions, the Conventions recognize temporary exceptions to these rules. For example, if there is a "spontaneous uprising" against a surprise invasion of a country, it may be acceptable if they are imprecise on the distinctive insignia, as long as it is their clear intent to put themselves under lawful command, and follow the laws and customs of war.
The George W. Bush Administration used the term unlawful combatant or "unlawful enemy combatant" for members of al-Qaeda and certain members of the Taliban, but the Obama Administration has stated its preference simply to speak of "lawful combatants", and people who do not meet the standard of lawful combatants.[2]
References
- ↑ Diplomatic Conference for the Establishment of International Conventions for the Protection of Victims of War, held in Geneva from 21 April to 12 August, 1949 (12 August 1949), Geneva Convention relative to the Treatment of Prisoners of War, U.N. High Commissioner for Human Rights
- ↑ Nedra Pickler (March 13, 2009), "Obama admin. to end use of term 'enemy combatant'", Associated Press