So as long as the government has arbitrarily designated someone an enemy combatant, then it's ok to assassinate them?
No, such a decision should not be arbitrary.
Who makes this decision about being a combatant?
Currently the alphabet agencies (CIA, FBI, NSA, NCIS, DIA, ATF, etc.) gather intelligence and make a recommendation to the Executive Branch, the ultimate decision rested with the President.
Does a combatant need to be carrying a weapon?
They don't need to be carrying a weapon. People that plan, train, recruit, issue the operational orders, launder money, etc are just as quilty of murdering women and children as the one who pulls a trigger or flys an airplane into a sky scrapper.
Or can they just be killed for being in public?
Typically people aren't killed for just being in pubic. High Value Targets are typically killed because there were instrumental in the killing of others.
Should they be tried in Abstentia to determine guilt of being an enemy, or will just the word of a couple officials do for you?
Here is the fundmental problem with perspective, which highlights two important points:
1. Civilians think they should have access to all information regarding military operations, even though the releases of such information would compromise the methods involved (and likely reduce it effectiveness or repeatability or in the case of HUMINT get someone killed).
2. Secondly, that this is a "judicial" matter to be handled in a court. This isn't about proving a crime, it's about National Security and the ability for the military to take action against High Value Targets in a time sensitive way.
Trial in absentia is possible (if we change some laws), but there will be those that complain because then the defendant would be denied the right to face their accuser.
Better is to treat it as a what it is, during a time of war, as a National Security issue. The ABC agencies develop their intel, the Executive Branch makes their decision, and if the HVT is US Citizen to be placed on the list, that case is reviewed under Congressional oversight (so it's not the ABC agencies and not the President alone making the call). 3rd party review would be applied.
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