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as to what it means to you and I
: waging war; specifically : belonging to or recognized as a state at war and protected by and subject to the laws of war
Now if this bill becomes law
: inclined to or exhibiting assertiveness, hostility, or combativeness
so you can still be detained but just not indefinitely.
Sen. Paul Statement on Defeat of Detainee Amendment
Dec 1, 2011
WASHINGTON, D.C. - Tonight, Sen. Rand Paul prevented the passage of an amendment that would have further eroded Americans' constitutional rights. Offered to the National Defense Authorization Act for Fiscal 2012 (S.1867), amendment No. 1274 would have allowed the U.S. government to detain an American citizen indefinitely, even after they had been tried and found not guilty, until Congress declares an end to the war on terror.
be back with the link. from this link www.presstv.ir...
Under the 'worldwide indefinite detention without charge or trial' provision of S. 1867, the National Defense Authorization Act bill, which is set to be up for a vote on the Senate floor Monday, the legislation will “basically say in law for the first time that the homeland is part of the battlefield,” said South Carolina's left-wing Republican Senator Lindsey Graham, who supports the bill.
Protected Persons Status
(GC, Art. 4, 5; FM 27-10, para. 247, 248)
Includes Civilian NON-Combatants & Unlawful Combatants in the Hands of a "Foreign Party" to the Conflict or Occupying Power.
All Persons Who do NOT Qualify for POW Status who have Engaged in Hostile or Belligerent Conduct.
If Unsure About a Captive's Status?
Treat captive as a POW until Article 5 Tribunal determines otherwise. (GPW, Art. 5; FM 27-10, para. 71)
now for fog of war part
Lawful combatants cannot be prosecuted for lawful acts of war, but just for the violations of international humanitarian law3. Lawful combatants are thus entitled to prisoners of war status (hereinafter POW status) which has the character of shield protecting such combatants from being responsible for acts otherwise constituting offence. Attached non-combatants (religious personnel and medical personnel) are not considered combatants, but if captured they enjoy the same protection as POW.
some explanations are in need: this is before 9/11, and before S1867: the term, by hors de combat meaning
Under the category of non-combatants fall civilians (that is persons who are not attached directly or indirectly to armed forces) providing that they don’t take direct and active part in hostilities. Combatants can withdraw from hostilities, either by retiring and becoming civilians or by hors de combat, either by choice (laying down of arms and surrendering) or by force (getting wounded, sick or shipwrecked).4 The category of unlawful combatants as category falling between the categories of lawful combatants and civilians is of a controversial character. The controversy of such category is given by nonexistence expressis verbis of such category in any international instruments on laws of wars. Unlawful combatants/belligerents can be however considered persons taking direct part in hostilities without being entitled to do so and who therefore cannot be classified as POW under the capture by the power of the enemy5.
from this link www.macmillandictionary.com...
unable to do something because you have been injured
The United States Military Commissions Act of 2006, also known as HR-6166, was an Act of Congress signed by President George W. Bush on October 17, 2006. Drafted in the wake of the Supreme Court's decision on Hamdan v. Rumsfeld, the Act's stated purpose was "To authorize trial by military commission for violations of the law of war, and for other purposes."
now what are hostilities or a Belligerent like manner? Who makes the Judgement call er determines what the words mean, whom it applies to, and who can be held , yea see 1031 1032 and the US is a battlefield the rules and laws of war are in play. keep this in mind the next time you take a photo, of that dam bridge or building
providing that they don’t take direct and active part in hostilities
It would be nice to put this and 1031 1032 side by side and see how they are almost the same
The bill proceeds to define an "unprivileged enemy belligerent" as an individual who:
has engaged in hostilities against the United States or its coalition partners;
has purposely and materially supported hostilities against the United States or its coalition partners; or
was a part of al Qaeda at the time of capture.
The lie can be maintained only for such time as the State can shield the people from the political, economic and/or military consequences of the lie. It thus becomes vitally important for the State to use all of its powers to repress dissent, for the truth is the mortal enemy of the lie, and thus by extension, the truth becomes the greatest enemy of the State. — Dr. Joseph M. Goebbels, Nazi Minister of Propaganda