Statute of Limitations?
Are there Limitations when you go Against the Constitution? Against 'We the People"?
Time for a Refresher of an Enemy Combatant
4.1.2 Classes and Categories Are Only the Starting Point for Legal Analysis. When
analyzing a person’s rights, duties, and liabilities under the law of war, it is important to analyze
the specific question in light of the applicable facts. Determining what class a person falls into,
such as “combatant,” “civilian,” or “unprivileged belligerent,” may be only the first step in a
legal analysis. For example, whether a person may be the object of attack, may be detained, is
entitled to POW status, or may be punished for their actions are all different questions. Although
these questions are often related to one another and associated with the general classes of
“combatant” and “civilian,” each question requires its own specific analysis. This specific
analysis should be done in each case, applying the legal rules to the facts, rather than deriving an
answer based on a conclusory labeling of a person as, for example, an“enemy combatant.”10
Indeed, some persons might, for some purposes, be treated like “combatants,” but for other
purposes be treated like “civilians.”11
4.18.1 Private Persons Who Engage in Hostilities – Notes on Terminology. This section refers to “private persons” who engage in hostilities rather than “civilians” who engage in
hostilities for three reasons. First, an emphasis on “private” persons is consistent with
longstanding explanations of the principle of distinction.370 Second, it may be analytically
unhelpful to focus on “civilians” because private persons who engage in hostilities are liable to
treatment in one or more respects as combatants. Third, non-military personnel belonging to a
State (e.g., persons authorized to accompany the armed forces), who are often called “civilians,”
raise a different set of issues that merit special consideration as opposed to the general case of a
private person who decides to engage in hostilities.
For the purpose of applying different law of war rules, different formulations have been
used to describe when a person has engaged in hostilities. Although these phrases often refer to
the same conduct, the context in which each term is applied is important; whether a phrase
includes a particular type of conduct may depend on the particular legal rule in question.
Whether a particular person is liable as a consequence of his or her conduct to treatment as a
combatant (e.g., being made the object of attack, internment, or prosecution for acts of
unprivileged belligerency) must be assessed with reference to the specific legal rule at issue
rather than based on the use of a conclusory label, such as“enemy combatant.”371
More:
4.18.2 Private Persons Who Engage in Hostilities – Denial of the Distinct Protections
Afforded Peaceful Civilians.
4.18.3 Private Persons Who Engage in Hostilities – Lack of the Privileges of Combatant
Status.
4.18.4 Activities That Constitute “Engaging in Hostilities” by Private Persons.
4.18.4.2 Other Hostile Acts. In addition to being part of or substantially
supporting a hostile, non-State armed group, other hostile acts can make a person liable to
treatment in one or more respects as an unprivileged belligerent under the law of war. For
example, private persons who bear arms against enemy personnel or who attempt to kill or injure
enemy personnel would become liable to being made the object of attack.390 Performing spying,
sabotage, and other hostile activities behind enemy lines would render a person liable to
prosecution for such conduct.391
391 Refer to § 4.17 (Spies, Saboteurs, and Other Persons Engaging in Similar Acts Behind Enemy Lines).
Do you know anyone that meets these Criterias?
https://media.defense.gov/2023/Jul/31/2003271432/-1/-1/0/DOD-LAW-OF-WAR-MANUAL-JUNE-2015-UPDATED-JULY%202023.PDF