What was the Combatant Status Review Tribunal?

Introduction The Combatant Status Review Tribunals (CSRT) were a set of tribunals for confirming whether detainees held by the United States at the Guantanamo Bay detention camp had been correctly designated as “enemy combatants“. The CSRTs were established 07 July 2004 by order of US Deputy Secretary of Defence Paul Wolfowitz after US Supreme Court… Read More

What is the Military Commissions Act of 2006?

Introduction The Military Commissions Act of 2006, also known as HR-6166, was an Act of Congress signed by President George W. Bush on 17 October 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… Read More

What is a Non-Combatant?

Introduction Non-combatant is a term of art in the law of war and international humanitarian law to refer to civilians who are not taking a direct part in hostilities; persons, such as combat medics and military chaplains, who are members of the belligerent armed forces but are protected because of their specific duties (as currently… Read More

What is an Unlawful Combatant?

Introduction 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. An unlawful combatant may be detained or prosecuted under the domestic law of the detaining state for such action. The International Committee of the Red Cross points out that the… Read More

What is a Prisoner of War (POW)?

Introduction A prisoner of war (POW) is a non-combatant – whether a military member, an irregular military fighter, or a civilian – who is held 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… Read More