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Encyclopedia > Enemy combatant
Legal status of Persons
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Illegal immigration In law legal status refers to the concept of individuals having a particular place in society, relative to the law, as it determines the laws which affect them. ... A person is defined by philosophers as a being who is in possession of a range of psychological capacities that are regarded as both necessary and sufficient to fulfill the requirements of personhood. ... Citizenship is membership in a political community (originally a city but now usually a country) and carries with it rights to political participation; a person having such membership is a citizen. ... In English usage, nationality is the legal relationship between a person and a country. ... Naturalization is the act whereby a person voluntarily and actively acquires a nationality which is not his or her nationality at birth. ... The Leave to Remain is the legal status of a person issued by a government office of internal affairs to one who is not yet a citizen. ... This article or section does not cite its references or sources. ...

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Citizenship is membership in a political community (originally a city but now usually a country) and carries with it rights to political participation; a person having such membership is a citizen. ... A native-born citizen or natural-born citizen of a country is a person who is legally recognized as that countrys citizen as of the moment of birth, rather than by acquiring citizenship afterwards through naturalization. ... Naturalization is the process whereby a person becomes a national of a nation, or a citizen of a country, other than the one of his birth. ... Multiple citizenship is simultaneous citizenship in two or more countries (whether it is recognized by all countries or not). ... In law, an alien is a person who is not a native or naturalized citizen of the land where they are found. ... Migrant farm worker, New York 2003 USPS stamp featuring Chávez and the fields that were so important to him A migrant worker is someone working on a regular basis away from their home, if indeed they have a home. ... This article or section does not cite its references or sources. ... for other uses please see Crime (disambiguation) A crime is an act that violates a political or moral law. ... This article is becoming very long. ... A political prisoner is someone held in prison or otherwise detained, perhaps under house arrest, because their ideas or image are deemed by a government to either challenge or threaten the authority of the state. ... In law during wartime, an enemy alien is a person who is a citizen of a country which is a state of war with the land where he or she is found. ... Administrative detention is a military term used in Israel to refer to political prisoners —people held as criminals while not actually being charged. ...

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Nationality law is the branch of a countrys legal system wherein legislation, custom and court precendent combine to define the ways in which that countrys nationality and citizenship are transmitted, acquired or lost. ... Nationality law is the branch of a countrys legal system wherein legislation, custom and court precedent combine to define the ways in which that countrys nationality and citizenship are transmitted, acquired or lost. ... Eugène Delacroixs Liberty Leading the People, symbolising French nationalism during the July Revolution. ... Although opposition to immigration is a feature of all countries with immigration, the term nativism originated in American politics has a specific meaning. ... Illegal immigration refers to a mass-immigration of people across national borders —in direct violation of the immigration laws of the country of destination. ... Second class citizen is an informal term used to describe a person who is discriminated against or generally treated unequally within a state or other political jurisdiction. ...

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An enemy combatant has historically referred to members of the armed forces of the state with which another state is at war.[1]


In the 1942 Supreme Court of the United States ruling Ex Parte Quirin the court uses the terms with their historical meanings to distinguish between unlawful combatants and lawful combatants: The Supreme Court of the United States (SCOTUS) is the highest judicial body in the United States and leads the judicial branch of the United States federal government. ... Holding The Court upheld the jurisdiction of a United States military tribunal over the trial of several German saboteurs in the United States. ... The term unlawful combatant (also unlawful enemy combatant or unprivileged combatant/belligerent) denotes people denied the protection of the Geneva Conventions; those to whom protection is recognised as due are referred to as lawful combatants. ... A combatant (also referred to as an enemy combatant) is a soldier or guerrilla member who is waging war. ...

Unlawful combatants are likewise subject to capture and detention, but in addition they are subject to trial and punishment by military tribunals for acts which render their belligerency unlawful. The spy who secretly and without uniform passes the military lines of a belligerent in time of war, seeking to gather military information and communicate it to the enemy, or an enemy combatant who without uniform comes secretly through the lines for the purpose of waging war by destruction of life or property, are familiar examples of belligerents who are generally deemed not to be entitled to the status of prisoners of war, but to be offenders against the law of war subject to trial and punishment by military tribunals.(Emphasis added)

In the wake of the September 11, 2001 attacks the United States Congress passed a resolution known as the Authorization for Use of Military Force (AUMF) on September 18, 2001[2]. In this, Congress invoked the War Powers Resolution. Using this authorization granted to him by Congress, on November 13, 2001, President Bush issued a Presidential Military Order: "Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism"[3]. The administration chose to call those who it detained under the Presidential Military Orders "enemy combatants". Since then the administration has formalized its usage of enemy combatant by using the term specifically for detained alleged members and supporters of al Qaida or the Taliban. For example A sequential look at United Flight 175 crashing into the south tower of the World Trade Center The September 11, 2001 attacks (often referred to as 9/11—pronounced nine eleven or nine one one) consisted of a series of coordinated terrorist[1] suicide attacks upon the United States, predominantly... September 18 is the 261st day of the year (262nd in leap years). ... 2001 (MMI) was a common year starting on Monday of the Gregorian calendar. ... The War Powers Act of 1973 (Public Law 93-148) limits the power of the President of the United States to wage war without the approval of Congress. ... November 13 is the 317th day of the year (318th in leap years) in the Gregorian Calendar, with 48 days remaining. ... 2001 (MMI) was a common year starting on Monday of the Gregorian calendar. ... George Walker Bush (born July 6, 1946) is the 43rd and current President of the United States, inaugurated on January 20, 2001. ... On November 13, 2001 U.S. President George W. Bush issued a Military Order entitled Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism. ... Al-Qaeda (Arabic: القاعدة, the foundation or the base) is the name given to a worldwide network of militant Islamist organizations under the leadership of Osama bin Laden. ... Flag flown by the Taliban. ...

Under the provisions of the Secretary of the Navy Memorandum Implementation of Combatant Status Review Tribunal Procedures for Enemy Combatant Detained at Guantanamo Bay Naval Base Cuba ... An enemy combatant has been defined as "an individual who was part of or supporting the Taliban or al Qaida forces, or associated forces that are engaged in hostilities against the United States or its coalition partners. This includes any person who committed a belligerent act or has directly supported hostilities in aid of enemy armed forces." [4]

This lead has been followed by other parts of the Government and some section of the American news media. The result of this new usage means that the term "enemy combatant" has to be read in the context of the article in which it appears as to whether it means a member of the armed forces of an enemy state, or if it means an alleged member of al Qaida held prisoner by the United States. To meet Wikipedias quality standards and make it easier to understand, this article or section may require cleanup. ... For other titular locales, see Guantanamo (disambiguation). ...


Legal Status

It is important to note that the term "unlawful combatant" is not recognised at international law, and the kidnapping and removing of individuals to Guantanamo Bay or other detention centres without access to the courts continues to count as an illegal act on the part of the United States.


The home countries of most nationals kidnapped by agents of the United States and removed to Guantanamo Bay and other detention centres have strenuously objected to their citizen's unlawful detention, with the notable exception of Australia's Howard regime, a close ally of the Bush family.


"Enemy Combatant"[5] is also the title of a book written by a British Muslim, Moazzam Begg, and co-written by Victoria Brittain, a former Associate Foreign Editor for the Guardian newspaper, about Begg's detention by the government of the United States of America in Camp X-Ray, Guantanamo Bay. He was seized in Islamabad in February 2002, and after prolonged sessions of interrogation, he was released from detention on January 25, 2005, without charge or compensation or an apology. Moazzam Begg before speaking at a meeting about civil liberties Moazzam Begg (born 1968) is one of nine British men who were held at Camp X-Ray, Guantanamo Bay by the government of the United States of America. ... The Guardian is a British newspaper owned by the Guardian Media Group. ... Camp X-Ray, shown here under construction, was a temporary holding facility for detainees held at U.S. Naval Base Guantanamo Bay, Cuba. ... Islamabad (Urdu: اسلام آباد, abode of Islam), is the capital city of Pakistan, and is located in the Potohar Plateau in the northwest of the country. ... January 25 is the 25th day of the year in the Gregorian calendar. ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ...


References

  1. ^ Detention of Enemy Combatants Act (Introduced in House) 109th CONGRESS 1st Session H. R. 1076 March 3, 2005
    (8) The term 'enemy combatant' has historically referred to all of the citizens of a state with which the Nation is at war, and who are members of the armed force of that enemy state. Enemy combatants in the present conflict, however, come from many nations, wear no uniforms, and use unconventional weapons. Enemy combatants in the war on terrorism are not defined by simple, readily apparent criteria, such as citizenship or military uniform. And the power to name a citizen as an 'enemy combatant' is therefore extraordinarily broad. (Emphasis added)
  2. ^ US Congress' joint resolution of September 18, 2001 Authorization for Use of Military Force ("AUMF"); public law 107-40, 115 Stat. 224
  3. ^ President George W. Bush's Military Order of November 13, 2001: Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism; 66 FR 57833
  4. ^ Summary of Evidence for Combatant Status Review Tribunal - Detainee Begg, Moazzam
  5. ^ Yasmin Alibhai-Brown Review of Enemy Combatant, by Moazzam Begg with Victoria Brittain in The Independent 24 March 2006.

September 18 is the 261st day of the year (262nd in leap years). ... 2001 (MMI) was a common year starting on Monday of the Gregorian calendar. ... November 13 is the 317th day of the year (318th in leap years) in the Gregorian Calendar, with 48 days remaining. ... 2001 (MMI) was a common year starting on Monday of the Gregorian calendar. ... The Independent is a British compact newspaper published by Tony OReillys Independent News & Media. ... March 24 is the 83rd day of the year in the Gregorian Calendar (84th in leap years). ...

Further reading

  • Daniel Torres An Examination of the Legal Rights of American Citizens Detained as Enemy Combatants in the War on Terror
  • Read Congressional Research Service (CRS) Reports regarding Enemy Combatants
  • Daniel Ross, Violent Democracy, ch. 6.
  • Kuwaiti Family Committee is a site with details about the Kuwaiti detainees. They have been deemed enemy combatants by the US government.
Look up enemy combatant in Wiktionary, the free dictionary.

  Results from FactBites:
 
Enemy combatant - Wikipedia, the free encyclopedia (617 words)
An enemy combatant has historically referred to members of the armed forces of the state with which another state is at war.
An enemy combatant has been defined as "an individual who was part of or supporting the Taliban or al Qaida forces, or associated forces that are engaged in hostilities against the United States or its coalition partners.
Enemy combatants in the war on terrorism are not defined by simple, readily apparent criteria, such as citizenship or military uniform.
Unlawful combatant - Wikipedia, the free encyclopedia (6982 words)
An unlawful combatant (also enemy combatant or unprivileged combatant/belligerent) is a person who is accorded neither the rights a soldier would normally have under the laws of war, nor the civil rights a common criminal would normally have.
There are indications the Bush Administration’s policy of classification and detention of persons designated as "unlawful enemy combatants" is based on a presumption that the Geneva Conventions and Constitutional safeguards are an obstacle in the pursuit of the ‘war on terror’.
However—unlike the terms "combatant", "prisoner of war", and "civilian"—the term "unlawful combatant", or similar, is not mentioned in either the Hague or the Geneva Conventions.
  More results at FactBites »

 
 

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