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4.3 LAWFUL COMBATANTS AND UNPRIVILEGED BELLIGERENTS
In addition to distinguishing between the armed forces and the civilian population, the
law of war also distinguishes between “privileged” and “unprivileged,” or “lawful” and
“unlawful” combatants. As the Supreme Court has explained:
Lawful combatants are subject to capture and detention as prisoners of war by
opposing military forces. 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.29
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