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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 and therefore is claimed not to be protected by the Geneva Conventions. The International Committee of the Red Cross points out that the terms "unlawful combatant", "illegal combatant" or "unprivileged combatant/belligerent" are not defined in any international agreements. While the concept of an unlawful combatant is included in the Third Geneva Convention, the phrase itself does not appear in the document. Article 4 of the Third Geneva Convention does describe categories under which a person may be entitled to prisoner of war status. There are other international treaties that deny lawful combatant status for mercenaries and children.
Ibrahim Ahmed Mahmoud al Qosi is a Sudanese militant and paymaster for al-Qaeda. Qosi was held from January 2002 in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba. His Guantanamo Internment Serial Number is 54.
Enemy combatant is a term for a person who, either lawfully or unlawfully, engages in hostilities for the other side in an armed conflict, used by the U.S. government and media during the War on Terror. 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 replaced by the more general term "party to the conflict".
Omar Ahmed Said Khadr is a Canadian who, at the age of 15, was detained by the United States at Guantanamo Bay for ten years, during which he pleaded guilty to the murder of U.S. Army Sergeant 1st Class Christopher Speer and other charges. He later appealed his conviction, claiming that he falsely pleaded guilty so that he could return to Canada where he remained in custody for three additional years. Khadr sued the Canadian government for infringing his rights under the Charter of Rights and Freedoms; this lawsuit was settled in 2017 with a CA$10.5 million payment and an apology by the federal government.
Salim Ahmed Salim Hamdan is a Yemeni man, captured during the invasion of Afghanistan, declared by the United States government to be an illegal enemy combatant and held as a detainee at Guantanamo Bay from 2002 to November 2008. He admits to being Osama bin Laden's personal driver and said he needed the money.
Fouzi Khalid Abdullah Al Odah is a Kuwaiti citizen formerly held in the United States Guantanamo Bay detainment camps, in Cuba. He had been detained without charge in Guantanamo Bay since 2002. He was a plaintiff in the ongoing case, Al Odah v. United States, which challenged his detention, along with that of fellow detainees. The case was widely acknowledged to be one of the most significant to be heard by the Supreme Court in the current term. The US Department of Defense reports that he was born in 1977, in Kuwait City, Kuwait.
Jabran Said Bin Wazir al-Qahtani is a Saudi who was held in extrajudicial detention for almost fifteen years in the United States Guantanamo Bay detention camps, in Cuba. Joint Task Force Guantanamo analysts estimate he was born in 1977, in Tabuk, Saudi Arabia.
Ghassan Abdallah Ghazi al-Sharbi is a Saudi citizen who was held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba. His Guantanamo Internment Serial Number was 682.
Peter E. Brownback III is a retired military officer and lawyer. He was appointed in 2004 by general John D. Altenburg as a Presiding Officer on the Guantanamo military commissions. The Washington Post reported: "...that Brownback and Altenburg have known each other since 1977, that Brownback's wife worked for Altenburg, and that Altenburg hosted Brownback's retirement party in 1999."
Noor Uthman Muhammed is a citizen of Sudan who was confined in the United States Guantanamo Bay detention camp in Cuba where he also served a sentence for terrorism after being convicted by the Guantanamo military commission.
Ridah Bin Saleh Bin Mabrouk al-Yazidi is a citizen of Tunisia held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba since the day it opened, on January 11, 2002. Al Yazidi's Guantanamo detainee ID number is 38.
Ali Hamza Ahmad Suliman al-Bahlul is a Yemeni citizen who has been held as an enemy combatant since 2002 in the United States Guantanamo Bay detention camp. He boycotted the Guantanamo Military Commissions, arguing that there was no legal basis for the military tribunals to judge him.
Boumediene v. Bush, 553 U.S. 723 (2008), was a writ of habeas corpus petition made in a civilian court of the United States on behalf of Lakhdar Boumediene, a naturalized citizen of Bosnia and Herzegovina, held in military detention by the United States at the Guantanamo Bay detention camps in Cuba. Guantánamo Bay is not formally part of the United States, and under the terms of the 1903 lease between the United States and Cuba, Cuba retained ultimate sovereignty over the territory, while the United States exercises complete jurisdiction and control. The case was consolidated with habeas petition Al Odah v. United States. It challenged the legality of Boumediene's detention at the United States Naval Station military base in Guantanamo Bay, Cuba as well as the constitutionality of the Military Commissions Act of 2006. Oral arguments on the combined cases were heard by the Supreme Court on December 5, 2007.
Al Odah v. United States is a court case filed by the Center for Constitutional Rights and co-counsels challenging the legality of the continued detention as enemy combatants of Guantanamo detainees. It was consolidated with Boumediene v. Bush (2008), which is the lead name of the decision.
In United States law, habeas corpus is a recourse challenging the reasons or conditions of a person's detention under color of law. The Guantanamo Bay detention camp is a United States military prison located within Guantanamo Bay Naval Base. A persistent standard of indefinite detention without trial and incidents of torture led the operations of the Guantanamo Bay detention camp to be challenged internationally as an affront to international human rights, and challenged domestically as a violation of the Due Process Clause of the Fifth and Fourteenth amendments of the United States Constitution, including the right of petition for habeas corpus. On 19 February 2002, Guantanamo detainees petitioned in federal court for a writ of habeas corpus to review the legality of their detention.
Kiyemba v. Bush (Civil Action No. 05-cv-01509) is a petition for habeas corpus filed on behalf of Jamal Kiyemba, a Ugandan citizen formerly held in extrajudicial detention in the United States' Guantanamo Bay detention camps, in Cuba. Mr. Kiyemba is the next friend of each of the nine Uighur petitioners, Abdusabur, Abdusamad, Abdunasir, Hammad, Hudhaifa, Jalaal, Khalid, Saabir, and Saadiq, who seek the writ of habeas corpus through the petition
Muhammed Murdi Issa Al Zahrani is a citizen of Saudi Arabia who was held in the United States's Guantanamo Bay detention camps, in Cuba from August 5, 2002, until November 22, 2014. His Guantanamo Internment Serial Number was 713. Joint Task Force Guantanamo counter-terrorism analysts estimate he was born in 1969, in Taif, Saudi Arabia.
Civil Action No. 02-cv-0299 is a habeas corpus petition submitted on behalf of several Guantanamo captives.
Karl R. Thompson is an American lawyer and was the Principal Deputy Assistant Attorney General for the Office of Legal Counsel of the United States Department of Justice from 2014 until 20 January 2017; he served as the Acting Assistant Attorney General during that period.
Sufyian Ibn Muhammad Barhoumi is an Algerian man who was held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba. The Department of Defense reports that he was born on July 28, 1973, in Algiers, Algeria.
References
- ↑ Jaclyn Belczyk (October 9, 2009). "House passes amendments to Military Commissions Act". The Jurist. Archived from the original on December 2, 2009.
- ↑ BOUMEDIENE et al. v. BUSH, PRESIDENT OF THE UNITED STATES, et al., Cornell University Law School, retrieved December 23, 2009
- ↑ BOUMEDIENE et al. v. BUSH, PRESIDENT OF THE UNITED STATES, et al., FindLaw For Legal Professionals, retrieved December 23, 2009
- ↑ Carol Rosenberg (December 3, 2009). "Guantánamo judge won't expand Sudanese captive's war crimes case". Miami Herald. Archived from the original on May 24, 2024.
- 1 2 Steven Edwards (May 24, 2010). "Obama officials pushed, but failed, for new rules in Khadr tribunal". Vancouver Sun. Archived from the original on November 9, 2010. Retrieved May 25, 2010.
The officials sought to strip a new commissions manual of a law-of-war murder definition that is central to Khadr's prosecution in the mortal wounding of Special Forces Sgt. First Class Chris Speer during a 2002 firefight in Afghanistan, insiders say. Omission of the segment could have also obliged prosecutors to trim or abandon "up to one-third" of its cases, according to one inside estimate.
