Geneva Convention V:
Treatment of Terrorists and Unlawful Combatants
March 5-9, 2018
United States
Article 1 - Definitions
Recognizes “lawful combatant” as referenced in Geneva Convention and Protocols,
Whereas a “Unlawful Combatant” (UC) shall be defined as an non state actor engaging in activity that
causes property damage, harm, death to military personnel, persons must commit acts in the following
article to be considered an unlawful combatant,
1. An UC must be an individual who is not a current soldier in a recognized state
military,
2. An UC violates the Laws of War,
3. A person who wears no uniform, insignia, flag, or other identifying marks to
signify they are part of a state sponsored military will be classified as an UC,
4. The UC carries concealed arms or other materials with the intent to harm
5. An UC may or may not be a citizen of the state in which the crime or terrorist
incident is committed.
6. A person is classified as a lawful combatant when recognized to be operating on
the behalf of a sovereign state.
1. Article 6 applies during periods of recognized conflict, pre and post
conflict.
7. An UC targets civilians and targets military personnel commits war crimes
1. Summary - terrorists typically target civilians and innocents.
[Israel: Establishing that any combatant who does not have a fixed distinct emblem easily
recognizable at a distance immediately qualifies as an unlawful combatant.]
[United Kingdom: Whereas an “unlawful combatant” shall be defined as a state sanctioned or
non-state actor, that is not a recognized member of a state’s military during declared conflict,
engaging in activities that serve a political purpose that lead to injury or death of civilian or
military personal.]
[Cuba: The definition of an unlawful combatant: should and shall be defined as an unauthorized
person using heavy weapons against any innocent civilian or prisoner of war in any given
situation.]
[Egypt: a. A terrorist act shall refer to: any use of force, violence, threat, or intimidation
domestically or abroad for the purpose of disturbing public order, or endangering the safety,
interests, and security of the community, or jeopardizes the rights and freedoms of private
citizens and the public guaranteed in the constitution and the law; harms national unity, social
peace, or national security.
A terrorist act may be carried out in the context of conducting criminal activity.
Complicity in a terrorist act may be carried out in the context of conducting criminal activity.
A terrorist act shall likewise refer to any conduct committed with the intent to achieve, prepare,
or instigate any of the purposes set out in the paragraph of this clause.]
b. A terrorist shall be known as: any natural person who commits, attempts to commit,
incites, threatens, or plans a terrorist act domestically or abroad, is aiding or complicit in a
terrorist act.
Whereas any person found guilty of committing a terrorist act or found guilty of being
complicit in a terrorist act shall be considered a terrorist and subject to domestic laws pertaining
to terrorism and criminality within the nation that the terror act occurred.
c. A terrorist group shall be known as: any group, association, organization, body, or
gang consisting of at least three people, regardless of nationality, regardless of residence or
station, that aim to commit one or more terrorist acts, or if acts of terrorism are a means to
achieve or commit criminal purposes.]
[Afghanistan: Whereas lawful combatants are defined in the Geneva Convention IV as militia,
armies as well as volunteer corps that;
An emblem that is constant and is distinctive from a distance
Carry arms openly;
Obey the laws as well as the customs of while conducting their activities,
Unlawful combatants are individuals that do not meet the requirements listed above.]
[Afghanistan: Terrorism is the use of force on people or property to intimidate civilians,
governments to further either social or political objectives of the perpetrators.]
[France: Alarmed by the danger of the terrorism on the international peace and security,
and affirming that any acts of terrorism are criminal and unjustifiable regardless of their
motivation, and believing that cooperation between member states will enhance the
effectiveness of the overall effort to fight this scourge on a global level.
Reaffirming that terrorism cannot and should not be associated with any religion,
nationality or civilization, and desiring to define this topic in a deep understanding of its nature
and in open mind manner.]
[United States: Unlawful combatants are enemy combatants in the court of law. Any persons
aiding the enemy cannot be outside the law and is subjected to punishment.]
[Australia: A terrorist incident is defined as when an organized group, or an individual claiming
an association with such a group, attempts or plans and act of violence targeting innocents.]
[Philippines: Whereas unlawful combatants are alleged members or members engaging
with combatant, we propose that an unlawful combatant is defined as any individual who is
engaging in an armed conflict, violates the laws of war as stipulated in the Geneva Convention.
We hold that the unlawful combatant is not protected by the Geneva conventions and should be
held personally responsible for their actions even if the conflict was sanctioned by their country.
The unlawful combatant is guilty of committing war crimes and should be punished for it. The
kingdom proposes that a terrorist is defined as any individual who uses illegal intimidation
and/or violence in order to gain some political ends. The terrorist should be held personally
responsible for their actions and be accorded the necessary punishment.]
[Ireland: Whereas the punishment and recognition of “unlawful combatants” are only
applicable for military personnel and is not applied to civilians. Affirms of Article 4(A) of the
Geneva Convention. “Lawful combatants” are recognized as Geneva Conventions and
Protocols.]
[Saudi Arabia: Whereas other nations may have a different definition of who is an unlawful
combatant, we propose that an unlawful combatant is defined as any individual who is engaging
in an armed conflict, violates the laws of war as stipulated in the Geneva Convention. We hold
that the unlawful combatant is not protected by the Geneva conventions and should be held
personally responsible for their actions even if the conflict was sanctioned by their country. The
unlawful combatant is guilty of committing war crimes and should be punished for it.
The kingdom proposes that a terrorist is defined as any individual who uses illegal intimidation
and/or violence in order to gain some political ends. The terrorist should be held personally
responsible for their actions and be accorded the necessary punishment.]
[Nigeria: Affirms that an unlawful combatant will be recognized as a person who directly
engages in armed conflict in violation of the laws of war. Will include:
a. absence of fixed distinct emblem
b. political/religious motive
c. committed by non-state actors, government, or undercover personnel
d. directed at targets consisting of a larger spectrum of society (people or land)]
Article 2 – Treatment of Terrorists and Unlawful Combatants
[Cuba: Terrorism and unlawful combatants shall not have or receive any treatment from any
state. Nor will the International Court of Justice have any rights of jurisdiction to solve disputes
between states for this convention. The Naval base in Guantanamo Bay is part of U.S soil and
the only reservation that can be part of this treaty is to not send the unlawful combatant or
terrorist back to the country in which the incident happened.
Group: The International Court of Justice shall have no jurisdiction over the legal proceedings
and treatment of terrorist and unlawful combatants.
[Australia: All individuals have basic human rights while in captivity and will have medical care
overseen by the International Committee of the Red Cross.]
[Russia: Authorizes states’ development and implementation of local government authorities
and municipal programs in the prevention of terrorism, and the minimization and elimination o9f
the consequences of its manifestations.]
[Italy: Each State shall receive the obligation to define an individual or group of individuals as
being terrorists or prisoners of war after an attack has been committed or has proven to have
taken reasonable actions to show the intent for an attack to be committed. This will only apply
when within the borders of that defining State. Once a definition has been decided on by that
State, that definition will remain unchanged for a period of 10 years. Reservations will be
granted under this clause.]
[Yemen: Whereas, regarding the protection of prisoners of war as well as non-combatants, the
following international instruments are in force:
1.
The first Geneva Convention in which wounded and sick soldiers on land during war are
protected,
2.
The second Geneva Convention in which the protection is extended to wounded, sick, and
shipwrecked military personnel at sea during war,
3.
The third Geneva Convention, which establishes the principle that prisoners of war shall be
released and repatriated without delay after the cessation of active hostilities,
4.
The fourth Geneva Convention which contains a specific regime for the treatment of
civilians internees,
Whereas, none of these Conventions specifies how unlawful combatants should be treated by
states;
Whereas, there is not existing definition of what an unlawful combatant is make feasible the
conclusion of a Convention consolidating the above-mentioned instruments to determine the
appropriate treatment for unlawful combatants. ]
[Ireland: Whereas, punishment and treatment for military representing their home state, be
determined a neutral court (ICC) or a bilateral agreement between the states involved shall be
deemed to determine a verdict.]
Article 3 – [additional article of interest to states]
Reservations
[Egypt: States signatory to this convention shall be afforded the right to make declarations or
reservations of any and all of the content within.]
[The People’s Republic of China: does not recognize Article 85 of the Geneva Convention (III)
with respect to the treatment of prisoners of war, and shall therefore, not be bound by it. The
People’s Republic of China reserves the right to detain and prosecute any and all unlawful
combatants, prisoners of war, and any other person or persons otherwise within the border lines
of the state unlawfully. ]
[The Syrian Arab Republic: Whereas that the accession in no way constitutes recognition of
Israel nor the establishment of relations with Israel.
[Ireland: We will only recognize and enforce the law and the definition of ‘unlawful combatant’ to
only be applied to military, civilians acting for the military who commit a crime are considered
citizens and will be on trial for the highest offense. For punishment and treatment to be
determined a neutral court (ICC) or a bilateral agreement between the states involved shall be
deemed to determine a verdict.]
Geneva Convention V:
Treatment of Terrorists and Unlawful Combatants
March 5-9, 2018
United States
Article 1 - Definitions
Recognizes “lawful combatant” as referenced in Geneva Convention and Protocols,
Whereas a “Unlawful Combatant” (UC) shall be defined as an non state actor engaging in activity that
causes property damage, harm, death to military personnel, persons must commit acts in the following
article to be considered an unlawful combatant,
1. An UC must be an individual who is not a current soldier in a recognized state
military,
2. An UC violates the Laws of War,
3. A person who wears no uniform, insignia, flag, or other identifying marks to
signify they are part of a state sponsored military will be classified as an UC,
4. The UC carries concealed arms or other materials with the intent to harm
5. An UC may or may not be a citizen of the state in which the crime or terrorist
incident is committed.
6. A person is classified as a lawful combatant when recognized to be operating on
the behalf of a sovereign state.
1. Article 6 applies during periods of recognized conflict, pre and post
conflict.
7. An UC targets civilians and targets military personnel commits war crimes
1. Summary - terrorists typically target civilians and innocents.
[Israel: Establishing that any combatant who does not have a fixed distinct emblem easily
recognizable at a distance immediately qualifies as an unlawful combatant.]
[United Kingdom: Whereas an “unlawful combatant” shall be defined as a state sanctioned or
non-state actor, that is not a recognized member of a state’s military during declared conflict,
engaging in activities that serve a political purpose that lead to injury or death of civilian or
military personal.]
[Cuba: The definition of an unlawful combatant: should and shall be defined as an unauthorized
person using heavy weapons against any innocent civilian or prisoner of war in any given
situation.]
[Egypt: a. A terrorist act shall refer to: any use of force, violence, threat, or intimidation
domestically or abroad for the purpose of disturbing public order, or endangering the safety,
interests, and security of the community, or jeopardizes the rights and freedoms of private
citizens and the public guaranteed in the constitution and the law; harms national unity, social
peace, or national security.
A terrorist act may be carried out in the context of conducting criminal activity.
Complicity in a terrorist act may be carried out in the context of conducting criminal activity.
A terrorist act shall likewise refer to any conduct committed with the intent to achieve, prepare,
or instigate any of the purposes set out in the paragraph of this clause.]
b. A terrorist shall be known as: any natural person who commits, attempts to commit,
incites, threatens, or plans a terrorist act domestically or abroad, is aiding or complicit in a
terrorist act.
Whereas any person found guilty of committing a terrorist act or found guilty of being
complicit in a terrorist act shall be considered a terrorist and subject to domestic laws pertaining
to terrorism and criminality within the nation that the terror act occurred.
c. A terrorist group shall be known as: any group, association, organization, body, or
gang consisting of at least three people, regardless of nationality, regardless of residence or
station, that aim to commit one or more terrorist acts, or if acts of terrorism are a means to
achieve or commit criminal purposes.]
[Afghanistan: Whereas lawful combatants are defined in the Geneva Convention IV as militia,
armies as well as volunteer corps that;
An emblem that is constant and is distinctive from a distance
Carry arms openly;
Obey the laws as well as the customs of while conducting their activities,
Unlawful combatants are individuals that do not meet the requirements listed above.]
[Afghanistan: Terrorism is the use of force on people or property to intimidate civilians,
governments to further either social or political objectives of the perpetrators.]
[France: Alarmed by the danger of the terrorism on the international peace and security,
and affirming that any acts of terrorism are criminal and unjustifiable regardless of their
motivation, and believing that cooperation between member states will enhance the
effectiveness of the overall effort to fight this scourge on a global level.
Reaffirming that terrorism cannot and should not be associated with any religion,
nationality or civilization, and desiring to define this topic in a deep understanding of its nature
and in open mind manner.]
[United States: Unlawful combatants are enemy combatants in the court of law. Any persons
aiding the enemy cannot be outside the law and is subjected to punishment.]
[Australia: A terrorist incident is defined as when an organized group, or an individual claiming
an association with such a group, attempts or plans and act of violence targeting innocents.]
[Philippines: Whereas unlawful combatants are alleged members or members engaging
with combatant, we propose that an unlawful combatant is defined as any individual who is
engaging in an armed conflict, violates the laws of war as stipulated in the Geneva Convention.
We hold that the unlawful combatant is not protected by the Geneva conventions and should be
held personally responsible for their actions even if the conflict was sanctioned by their country.
The unlawful combatant is guilty of committing war crimes and should be punished for it. The
kingdom proposes that a terrorist is defined as any individual who uses illegal intimidation
and/or violence in order to gain some political ends. The terrorist should be held personally
responsible for their actions and be accorded the necessary punishment.]
[Ireland: Whereas the punishment and recognition of “unlawful combatants” are only
applicable for military personnel and is not applied to civilians. Affirms of Article 4(A) of the
Geneva Convention. “Lawful combatants” are recognized as Geneva Conventions and
Protocols.]
[Saudi Arabia: Whereas other nations may have a different definition of who is an unlawful
combatant, we propose that an unlawful combatant is defined as any individual who is engaging
in an armed conflict, violates the laws of war as stipulated in the Geneva Convention. We hold
that the unlawful combatant is not protected by the Geneva conventions and should be held
personally responsible for their actions even if the conflict was sanctioned by their country. The
unlawful combatant is guilty of committing war crimes and should be punished for it.
The kingdom proposes that a terrorist is defined as any individual who uses illegal intimidation
and/or violence in order to gain some political ends. The terrorist should be held personally
responsible for their actions and be accorded the necessary punishment.]
[Nigeria: Affirms that an unlawful combatant will be recognized as a person who directly
engages in armed conflict in violation of the laws of war. Will include:
a. absence of fixed distinct emblem
b. political/religious motive
c. committed by non-state actors, government, or undercover personnel
d. directed at targets consisting of a larger spectrum of society (people or land)]
Article 2 – Treatment of Terrorists and Unlawful Combatants
[Cuba: Terrorism and unlawful combatants shall not have or receive any treatment from any
state. Nor will the International Court of Justice have any rights of jurisdiction to solve disputes
between states for this convention. The Naval base in Guantanamo Bay is part of U.S soil and
the only reservation that can be part of this treaty is to not send the unlawful combatant or
terrorist back to the country in which the incident happened.
Group: The International Court of Justice shall have no jurisdiction over the legal proceedings
and treatment of terrorist and unlawful combatants.
[Australia: All individuals have basic human rights while in captivity and will have medical care
overseen by the International Committee of the Red Cross.]
[Russia: Authorizes states’ development and implementation of local government authorities
and municipal programs in the prevention of terrorism, and the minimization and elimination o9f
the consequences of its manifestations.]
[Italy: Each State shall receive the obligation to define an individual or group of individuals as
being terrorists or prisoners of war after an attack has been committed or has proven to have
taken reasonable actions to show the intent for an attack to be committed. This will only apply
when within the borders of that defining State. Once a definition has been decided on by that
State, that definition will remain unchanged for a period of 10 years. Reservations will be
granted under this clause.]
[Yemen: Whereas, regarding the protection of prisoners of war as well as non-combatants, the
following international instruments are in force:
1.
The first Geneva Convention in which wounded and sick soldiers on land during war are
protected,
2.
The second Geneva Convention in which the protection is extended to wounded, sick, and
shipwrecked military personnel at sea during war,
3.
The third Geneva Convention, which establishes the principle that prisoners of war shall be
released and repatriated without delay after the cessation of active hostilities,
4.
The fourth Geneva Convention which contains a specific regime for the treatment of
civilians internees,
Whereas, none of these Conventions specifies how unlawful combatants should be treated by
states;
Whereas, there is not existing definition of what an unlawful combatant is make feasible the
conclusion of a Convention consolidating the above-mentioned instruments to determine the
appropriate treatment for unlawful combatants. ]
[Ireland: Whereas, punishment and treatment for military representing their home state, be
determined a neutral court (ICC) or a bilateral agreement between the states involved shall be
deemed to determine a verdict.]
Article 3 – [additional article of interest to states]
Reservations
[Egypt: States signatory to this convention shall be afforded the right to make declarations or
reservations of any and all of the content within.]
[The People’s Republic of China: does not recognize Article 85 of the Geneva Convention (III)
with respect to the treatment of prisoners of war, and shall therefore, not be bound by it. The
People’s Republic of China reserves the right to detain and prosecute any and all unlawful
combatants, prisoners of war, and any other person or persons otherwise within the border lines
of the state unlawfully. ]
[The Syrian Arab Republic: Whereas that the accession in no way constitutes recognition of
Israel nor the establishment of relations with Israel.
[Ireland: We will only recognize and enforce the law and the definition of ‘unlawful combatant’ to
only be applied to military, civilians acting for the military who commit a crime are considered
citizens and will be on trial for the highest offense. For punishment and treatment to be
determined a neutral court (ICC) or a bilateral agreement between the states involved shall be
deemed to determine a verdict.]
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