The critical distinction is that a " lawful combatant " ( defined above ) cannot be held personally responsible for violations of civilian laws that are permissible under the laws and customs of war; and if captured, a lawful combatant must be treated as a prisoner of war by the enemy under the conditions laid down in the Third Geneva Convention.
42.
The critical distinction is that a " lawful combatant " ( defined above ) cannot be held personally responsible for violations of civilian laws that are permissible under the laws and customs of war; and if captured, a lawful combatant must be treated as a prisoner of war by the enemy under the conditions laid down in the Third Geneva Convention.
43.
The Supreme Court recommended the reviews be modeled after the Army Regulation 190-8 Tribunals that were ordinarily used to determine whether captives were innocent civilians who should be released, lawful combatants entitled to Prisoner of War status, or war criminals who could be tried, and who weren't protected by all the provisions of the Geneva Conventions.
44.
Historically, the dispute on the meaning of terrorism arose since the laws of war were first codified in 1899 . The Martens Clause was introduced as a compromise wording for the dispute between the Great Powers who considered francs-tireurs to be unlawful combatants subject to execution on capture, and smaller states who maintained that they should be considered lawful combatants.
45.
Additional Protocol I-which applies during armed conflicts against alien occupations ( Article 1 ( 4 ) )-would give lawful combatant status ( and therefore prisoner of war status if captured ) to fighters who do not wear uniforms or have a distinctive mark due to the nature of the conflict, so long as they carry arms openly during military engagements ( see Article 44 ( 3 ) ).
46.
The protocol also broadens the definition of a lawful combatant in wars against " alien occupation, colonial domination and racist regimes " to include those who carry arms openly but are not wearing uniforms, so that they are now lawful combatants and protected by the Geneva Conventions although only if the Occupying Power has ratified Protocol I . Under the original conventions, combatants without a recognizable insignia could be treated as war criminals, and potentially be executed.
47.
The protocol also broadens the definition of a lawful combatant in wars against " alien occupation, colonial domination and racist regimes " to include those who carry arms openly but are not wearing uniforms, so that they are now lawful combatants and protected by the Geneva Conventions although only if the Occupying Power has ratified Protocol I . Under the original conventions, combatants without a recognizable insignia could be treated as war criminals, and potentially be executed.
48.
The Geneva Convention relative to the Treatment of Prisoners of War, 12 August 1949 ( GCIII ) of 1949 defines the requirements for a captive to be eligible for treatment as a POW . A lawful combatant is a person who commits belligerent acts, and, when captured, is treated as a POW . An " unlawful combatant " is someone who commits belligerent acts but does not qualify for POW status under GCIII Articles 4 and 5.
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