Introduction Ex parte Quirin, 317 U.S. 1 (1942), was a case of the United States Supreme Court that during World War II upheld the jurisdiction of a United States military tribunal over the trial of eight German saboteurs, in the United States. Quirin has been cited as a precedent for the trial by military commission… Read More
Introduction Command responsibility (superior responsibility, the Yamashita standard, and the Medina standard) is the legal doctrine of hierarchical accountability for war crimes. The legal doctrine of command responsibility stipulates that a superior officer (military commander or civilian leader) can be held legally responsible for war crimes committed by subordinates. The legal doctrine of command responsibility… Read More
Introduction An enemy combatant is a person who, either lawfully or unlawfully, engages in hostilities for the other side in an armed conflict. Usually enemy combatants are members of the armed forces of the state with which another state is at war. In the case of a civil war or an insurrection “state” may be… Read More
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
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
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
Introduction Combatant is the legal status of an individual who has the right to engage in hostilities during an armed conflict. The legal definition of “combatant” is found at article 43(2) of Additional Protocol I (AP1) to the Geneva Conventions of 1949. It states that “Members of the armed forces of a Party to a… Read More
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