In 1942, the Supreme Court define as thus:
Unlawful combatants are likewise subject to capture and detention, but in addition they are subject to trial and punishment by military tribunals for acts which render their belligerency unlawful. The spy who secretly and without uniform passes the military lines of a belligerent in time of war, seeking to gather military information and communicate it to the enemy, or an enemy combatant who without uniform comes secretly through the lines for the purpose of waging war by destruction of life or property, are familiar examples of belligerents who are generally deemed not to be entitled to the status of prisoners of war, but to be offenders against the law of war subject to trial and punishment by military tribunals.Now, as we all know, every law is a double edge sword.
How will our supposed enemies define the enemy combatant?
What about those private contractors that PBS' Frontline referred to as:
"...servicing U.S. military supply lines, running U.S. military bases, and protecting U.S. diplomats and generals."
As the Frontline program details:
"..."Private Warriors" also explores a very different kind of contractor -- the private world of security teams that work for firms like Blackwater, Aegis, and Erinys. They provide armed protection for U.S. government officials, government offices, military installations and even military commanders"
How will our enemies categorize these American men and women? Will they be capture and tortured? Will they be protected by the Geneva conventions?
***Link to Frontline story: http://www.pbs.org/wgbh/pages/frontline/shows/warriors/view/