In the context of international law, a ‘lawful enemy combatant’ is a person who is involved in hostilities and is a member of an organized armed group which is engaged in an armed conflict with a state. The person must meet four legal criteria in order to be classified as a ‘lawful enemy combatant’.
4 Legal Criteria for Being a ‘Lawful Enemy Combatant’
1. The person must be a member of an armed group which is a party to the conflict.
2. The group must be ‘organized’, which means that it is bound together by a command structure and is capable of carrying out sustained and coordinated military operations.
3. The person must be part of the armed forces of a party to the conflict or a member of a militia, volunteer corps, or organized resistance movement prepared to fight in the front line against the regular armed forces of a state.
4. The person must have a ‘conduct of hostilities’ which involve activities such as launching military attacks, sabotage, committing acts of terrorism, and other acts of violence against an adversary.
The most famous example of a ‘lawful enemy combatant’ is Osama bin Laden who was a member of al-Qaeda, an armed group involved in a prolonged conflict with the US. Bin Laden had a command structure, was part of the fighting forces, and engaged in acts of terrorism, sabotage, and other acts of violence against the US.
Lawful Enemy Combatants Are Entitled to Protections Under International Law
The legal designation of ‘lawful enemy combatant’ offers certain protections under international law and international humanitarian law. These include protection from torture, cruel, inhuman, or degrading treatment, access to legal counsel, and due process.
It is important to understand the legal distinction between a ‘lawful enemy combatant’ and an ‘unlawful enemy combatant’, as those who are classified as ‘unlawful’ may not be afforded these protections.