Anonymous ID: cf2399 Aug. 6, 2026, 6:35 a.m. No.24907976   🗄️.is 🔗kun

>>24907919

Can a civilian be tried by court-martial because they're an enemy combatant?

Usually no. Simply labeling someone an enemy combatant does not automatically subject them to court-martial jurisdiction.

Instead, depending on the circumstances, the government may:

Detain the person under the law of armed conflict.

Prosecute the person in a civilian federal court.

If statutory requirements are met (generally involving certain non-citizens), prosecute before a military commission.

The precise legal authority has been the subject of extensive litigation in the Supreme Court, including cases such as Hamdi v. Rumsfeld, Hamdan v. Rumsfeld, and Boumediene v. Bush, which established important limits on executive power and recognized various procedural rights for detainees.

In short, being deemed an "enemy combatant" may affect detention and the forum for prosecution, but it does not, by itself, place a civilian under ordinary UCMJ court-martial jurisdiction.