Under U.S. law, an unlawful enemy combatant is an individual who begins an armed conflict against the nation, or takes up arms in an existing armed conflict against the nation, without being entitled to lawful combatant status. This could include someone who has declared war on the United States or is an agent of a terrorist group carrying out operations against U.S. forces. An unlawful enemy combatant is not vested with the rights and protections afforded to prisoners of war under the Geneva Conventions.
Examining Recent Examples of Unlawful Enemy Combatants
Recent cases of individuals found to be unlawful enemy combatants include a U.S. citizen, captured in Syria and charged with providing material support to ISIS, and a man accused of plotting to attack a military base and planning to use a weapon of mass destruction. In both cases, the individuals were deemed to be operating in violation of U.S. laws which prohibit providing material support or engaging in acts of violence against the United States. While both individuals were ultimately prosecuted in U.S. criminal courts, they were initially considered unlawful enemy combatants.
Implications for Business Professionals
While the designation of unlawful enemy combatant is largely used to describe individuals linked to terrorist forces, it is important to note that anyone engaging in hostile acts against the U.S. government could ultimately be labeled an unlawful enemy combatant. For business professionals, it is important to understand the implications of engaging in hostile acts against the United States, even when not involved in terrorist activities. In any situation, it is important to remember that the United States reserves the right to designate anyone it deems as an unlawful enemy combatant.