Lawful enemy combatant

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The term lawful enemy combatant is defined in the Military Commissions Act of 2006; the term is used as an exclusionary term to prevent most of those who qualify under the definition from being an unlawful enemy combatant.

(2) LAWFUL ENEMY COMBATANT.—The term 'lawful enemy combatant' means a person who is—

(A) a member of the regular forces of a State party engaged in hostilities against the United States;
(B) a member of a militia, volunteer corps, or organized resistance movement belonging to a State party engaged in such hostilities, which are under responsible command, wear a fixed distinctive sign recognizable at a distance, carry their arms openly, and abide by the law of war; or
(C) a member of a regular armed force who professes allegiance to a government engaged in such hostilities, but not recognized by the United States.[1]

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