Article 4
A. Prisoners of war, in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy:
1. Members of the armed forces of a Party to the conflict as well as members of militias
or volunteer corps forming part of such armed forces.
2. Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfill the following conditions:
(a) That of being commanded by a person responsible for his subordinates;
(b) That of having a fixed distinctive sign recognizable at a distance;
(c) That of carrying arms openly;
(d) That of conducting their operations in accordance with the laws and customs of war.
Article 5
...
Should any doubt arise as to whether persons, having committed a belligerent act and having fallen into the hands of the enemy, belong to any of the categories enumerated in Article 4, such persons shall enjoy the protection of the present Convention until such time as their
status has been determined by a competent tribunal.
Unlawful combatant - Wikipedia, the free encyclopedia
{Executive Chamber Washington City, May 1, 1865.}
WHEREAS, the Attorney-General of the United States hath given his opinion:
That the persons implicated in the murder of the late President, Abraham Lincoln, and the attempted assassination of the Honorable William H. Seward, Secretary of State, and in an alleged conspiracy to assassinate other officers of the Federal Government at Washington City, and their aiders and abettors, are subject to the jurisdiction of, and lawfully triable before, a Military Commission;
It is ordered: 1st That the Assistant Adjutant-General detail nine competent military officers to serve as a Commission for the trail of said parties, and that the Judge Advocate General proceed to prefer charges against said parties for their alleged offenses, and bring them to trial before said Military Commission; that said trial or trials be conducted by the said Judge Advocate General, and as recorder thereof, in person, aided by such Assistant and Special Judge Advocates as he may designate; and that said trials be conducted with all diligence consistent with the ends of justice: the said Commission to sit without regard to hours.
Presidential Order Establishing a Military Commission to Try the Lincoln Assassination Conspirators and Opinion of the Attorney General Concerning such Order
Military Tribunals are not something new in this nations history for acts like these. Again, I will say, if the Acts of the USS Cole Mastermind were subject to American civilian jurisdiction, then that would assume that every single attack on any American Military Unit is a civilian matter. I have yet to see an warrant issued for the arrest of any North Korean officials for the taking of USS Pueblo or those sailors on the Iranians for the mine that struck the USS Samuel B. Roberts. While I understand that some wish these individuals to be tried in civilian courts and perhaps there are instances that some of them may qualify for it, but let's not forget how most of these individuals got here in the first place.